Respondent has a Program 3 covered process, as defined in 40 C.F.R. § 68.1O(d), using Anhydrous ammonia. 40 C.F.R. § 68.12(a) and (d) require that, in addition to submitting a single RMP as provided in §§ 68.150 to 68.185, facilities with a Program 3 covered process shall among other things, develop a management system as provided in § 68.15, conduct a hazard assessment as provided in §§ 68.20 to 68.42, and implement the prevention program as required of 68.65 to 68.87. Here are the specifics:
Respondent has been subject to the RMP requirements since June 21, 1999, the date on which the facility first used, stored, manufactured, or handled more than the TQ of 10,000 pounds of anhydrous ammonia in a single process. Respondent submitted an RMP to EPA on June 2 1, 1999, July 7, 2009, May 10 2011, May 18, 2011, and February 9, 2012.
- Respondent failed to document names and positions of employees responsible for Risk Management Plans as required by 40 C.F.R. § 68.15(c).
- Respondent failed to review and update the off-site consequence analyses at least once every five years as, as required by 40 C.F.R. § 68.36(a).
- Respondent failed to include information pertaining to equipment safety systems such as the Hansen refrigerant float switches, the alarm systems and emergency shutdown panels for the compressors as required by 40 C.F.R. § 68.65(d)(1)(viii).
- Respondent failed to update and revalidate the Process Hazard Analysis every five years, as required by 40 C.F.R. § 68.67(f).
- Respondent failed to provide refresher training at least every three years, or more often if necessary ,as required by 40 C.F.R. § 68.71(b).
- Respondent failed to establish and implement written procedures to maintain the ongoing integrity of the process equipment listed in § 73(a) as required by 40 C.F.R. § 68.73(b).
- Respondent failed to follow recognized and generally accepted good engjneering practices for the ammonia refrigeration system, as required by 40 C.F.R. § 73(d)(2).
- Respondent failed to document that the inspection and testing procedures ensure that the frequency of inspections and testing of the ammonia refrigeration process equipment is consistent with applicable manufacturers’ recommendations, good engineering practice’s and prior operating experience,, as required by 40 CFR § 73(d)(3).
- Respondent failed to certify that the stationary source has evaluated compliance with the provisions of the prevention program at least every three years to verify that the developed procedures and practices are adequate and being followed, as required by 40 CFR § 68.79(a).
- Respondent failed to retain the two most recent compliance reports, as required by 40 CFR § 68.79(e).
After considering these factors, EPA has determined and Respondent agrees that appropriate penalty to settle this action is $88,000.
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