Respondent owns and operates an ice manufacturing facility that typically operates 24 hours a day, seven days a week. On June 26, 2019, EPA performed an inspection of the Facility pursuant to Section 112(r) of the CAA, Sections 304-312 of the Emergency Planning and Community Right-to-Know Act (“EPCRA”), and Section 103 of the Comprehensive Environmental Response, Compensation, and Liability. EPA alleges that Respondent violated certain provisions of the CAA.
Respondent claims that before EPA’s June 26, 2019 inspection, it initiated a Risk Management Program (“RMP”) improvement project at the Facility. Respondent claims it intended to take certain actions to address some of the violations alleged in this CAFO as part of its RMP improvement project but had not yet completed these actions at the time of EPA’s inspection. Respondent claims to have continued making RMP improvements to the Facility during the COVID-19 pandemic, which required shutting down its ice manufacturing operations and the ammonia refrigeration system equipment associated with the ice production process.
ALLEGED VIOLATIONS