Respondent owns and operates a facility that processes and packages fruit and vegetable products. Between June 5 and June 7, 2018, EPA performed an inspection of the Facility pursuant to Section 112(r) of the CAA, Sections 304–12 of the Emergency Planning and Community Right-to-Know Act, and Section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9603(a) (“Inspection”). Based upon the information gathered during the Inspection and subsequent investigation, EPA determined that Respondent violated certain provisions of the CAA.
Pursuant to Section 112(r)(7) of the CAA and its implementing regulations, owners and operators of stationary sources at which a regulated substance is present in more than a threshold quantity (“TQ”) must prepare and implement a risk management plan (“RMP”) to detect and prevent or minimize accidental releases of such substances from the stationary source, and to provide a prompt emergency response to any such releases in order to protect human health and the environment.
ALLEGED VIOLATIONS