Respondent has an RMProgram covered process, ammonia storage, which stores or otherwise uses anhydrous ammonia, an amount exceeding its applicable threshold of 10,000 pounds. Respondent has submitted and registered an RMPlan to the EPA. Based on an RMProgram compliance monitoring investigation initiated on January 31, 2013, the EPA alleges that the Respondent violated the codified rules governing the CAA Chemical Accident Prevention Provisions, because Respondent did not adequately implement provisions of 40 CFR Part 68 when it:
- Failed to provide refresher training at least every three years to each employee operating a process as required by 40 CFR § 68.54(b);
- Failed to perform or cause to be performed inspections and tests on process equipment as required by 40 CFR § 68.56(d).
Respondent agrees to pay a civil penalty of FOUR THOUSAND TWO HUNDRED TWO DOLLARS ($4,202), to be paid within thirty (30) days of the effective date of this CAFO. Respondent shall undertake and complete the following Emergency Planning and Preparedness project within 45 days of the effective date of this CAFO. Respondent shall expend no less than FIFTEEN THOUSAND SEVEN HUNDRED FORTY SEVEN DOLLARS ($15,747) for the SEP.
Training: The Respondent shall purchase the following training program for Clay Fire Department personnel:
- On-site ammonia safety and emergency response 4 hour training program conducted by Tanner Industries, Inc., for 30 Clay Fire Department personnel.
- The scope of the training shall include
- an overview of ammonia,
- ammonia containers/bulk and non-bulk labelling,
- types of ammonia releases,
- ammonia response recommendations, and
- anhydrous ammonia emergency response guide cards.
- The scope of the training shall include
- The training program shall include student materials for each trainee.
Equipment: The Respondent shall purchase the following equipment for donation to the Clay Fire Department:
Quantity Description
1 – 55 Gallon Drum Spill Kit with Wheel
1 – 55 Gallon Spill Kit
2 – Spill Kaddie, Hazwik
3 – Universal Leak Control /Patch Kits
21 – Bags of Oil Dry
1 – Install a 50′ Antenna Tower with necessary Cabling, Wire, Guideline, Antenna and a Kenwood P25 Radio
CLICK HERE for the EPA Agreement