Respondent owns and operates a water treatment plant in MN that has an inventory of chlorine gas at the water treatment plant, which is 360,000 pounds. The threshold quantity of chlorine is 2,500 pounds. Respondent’s RMP registration states that the maximum inventory of anhydrous ammonia at the water treatment plant is 87,583 pounds. The threshold quantity of anhydrous ammonia is 10,000 pounds. See Table 1 to 40 C.F.R. § 68.130.
On June 19, 2019, Respondent submitted an RMP registration for its water treatment plant. Respondent’s RMP registration identified the emergency contact name and title as XXXXXXXX, Production Supervisor, and it included his telephone and e-mail contact information.
On December 5, 2022, EPA conducted an announced inspection of the water treatment plant. During the inspection, the representatives informed the EPA inspector that XXXXXXX had not worked at the water treatment plant for over one month. In response to an email from the EPA inspector, on December 13, 2022, the Respondent’s Water Quality Supervisor stated, “XXXXXXXXX voluntarily left employment with _______ in March or April 2020.”
During the inspection, a representative informed the EPA inspector that the facility had not engaged in annual emergency response coordination activities with local emergency planning and response organizations in 2022.
Respondent violated the CAPP at 40 C.F.R. § 68.93(a) by failing to engage in annual coordination with local emergency planning and response organizations in 2022.
Respondent violated the CAPP at 40 C.F.R. § 68.195(b) by failing to correct the RMP for the water treatment plant within one month after Chad Wrightson, the emergency contact listed in the RMP, had ceased employment with SPRWS.
Respondent’s violations of the CAAP at 40 C.F.R. §§ 68.93(a) and 68.195(b) are violations of Section 112(r) of the CAA, 42 U.S.C. § 7412(r).
Civil Penalty
Respondent agrees to pay the civil penalty of $7,298 within 60 days after the effective date of this CAFO
In response to the alleged violations of the CAA, 42 U.S.C. § 7412(r), and in settlement of this matter, although not required by the CAA or any other federal, state, or local law, Respondent agrees to complete a supplemental environmental project (SEP), as described in Appendix A.
The SEP relates to the alleged violation(s), and is designed to reduce the likelihood that similar CAA violations will occur in the future by reducing the risks of potential ammonia and chlorine leaks.
Respondent shall complete an upgrade to its ammonia and chlorine leak detection system, consisting of seven sensors to be installed at various locations at the facility, each of which will be programmed to such that the HVAC units in the buildings at/near where the
sensors are located will automatically shut off whenever a chlorine or ammonia leak is being detected. In addition to the sensors, three new electronic BACnet controllers and BACnet routers for monitoring the ammonia and chlorine gas sensors will be installed. The SEP is more specifically described in Appendix A and is incorporated herein by reference.
Respondent agrees to spend at least $55,000 on implementing the SEP.
Respondent shall include documentation of the expenditures made in connection with the SEP as part of the SEP Completion Report.
The respondent must continuously use or operate the seven sensors installed as part of the SEP for no less than three years following their installation.
CLICK HERE for the CAFO