EPA RMP citations @ Anhydrous Ammonia storage and refrigeration process (NH3 & $244K)

Respondent stores and uses ammonia at the facility in parts of the storage and refrigeration process. Respondent’s storage and refrigeration process contains more than the threshold quantity (10,000 pounds) of ammonia. Respondent’s storage and refrigeration process does not meet the eligibility requirements for Program 1 under 40 C.F.R. § 68.10(b) and is subject to the OSHA process safety management standard since the process involves ammonia above the threshold quantity in 29 C.F.R. § 1910.119, App. A. Respondent’s storage and refrigeration process is therefore subject to Program 3 under 40 C.F.R. § 68.10(d). On July 7, 2018 and August 8, 2018, a representative from EPA conducted an inspection at the facility. The purpose of the inspection was to determine whether the Respondent was complying at the
facility with Section 112(r) of the Act and the Risk Management Program regulations. Based on the inspection conducted by EPA, EPA alleges that Respondent failed to comply with the Risk Management Program regulations at the facility for Program 3 requirements as set forth below:

1. The facility failed to establish a system to promptly address the team’s findings and recommendations; assure that the recommendations are resolved in a timely manner and that the resolution is documented; document what actions are to be taken; complete actions as soon as possible; and develop a written schedule of when these actions are to be completed as required under 40 C.F.R. § 68.67(e).
2. The facility failed to implement established written procedures to maintain the ongoing integrity of process equipment as required under 40 C.F.R . § 68. 73(b ).
3. The facility failed to conduct inspections and test of process equipment at a frequency that is consistent with applicable manufacturers’ recommendations and  good engineering practices, and more frequently if determined to be necessary by prior operating experience as required under 40 C.F.R. § 68.73(d)(3).
4. The facility failed to correct deficiencies in equipment that are outside acceptable limits before further use or in a safe and timely manner when necessary means are taken to assure safe operations as required under 40 C.F.R. § 68.73(e).
5. The facility failed to implement written procedures to manage changes to process chemicals, technology, equipment and process and changes to stationary sources that affect a covered process as required under 40 C.F .R. § 68. 75(a).
6. The facility failed to establish written procedures that assure modifications to operating procedures are addressed prior to any change as required under 40 C.F.R. § 68.75(b)(3).
7. The facility failed to establish written procedures that assure the necessary time period for the change is addressed prior to any change as required under 40 C.F.R. § 68.75(b)(4).
8. The facility failed to inform and train employees involved in operating a process and maintenance and contract employees whose job tasks will be affected by a change in the process prior to start-up of the process or affected part of the process as required under 40 C.F.R. § 68.75(c).
9. The facility failed to update process safety information as required under 40 C.F.R. § 68.75(d).
10. The facility failed to update operating procedures or practices as required under 40 C.F.R. § 68.75(e).
11. The facility failed to certify that they have evaluated compliance at least every three years to verify that procedures and practices developed are adequate and being followed as required under 40 C.F.R. § 68.79(a).
12. The facility failed to promptly determine and document an appropriate response to each of the findings of the compliance audit and document that deficiencies have been corrected as required under 40 C.F.R. § 68.79(d).
13. The facility failed to investigate each incident which resulted in or could reasonably have resulted in a catastrophic release of a regulated substance as required under 40 C.F.R. § 68.81(a).
14. The facility failed to investigate each incident no later than 48 hours following the incident as required under 40 C.F .R. § 68.81 (b).
15. The facility failed to establish an incident investigation team as required under 40 C.F.R. § 68.81(c).
16. The facility failed to prepare a report at the conclusion of an investigation which includes the date the investigation began as required under 40 C.F.R. § 68.81(d)(2).
17. The facility failed to prepare a report at the conclusion of an investigation which includes any recommendations resulting from the investigation. as required under 40 C.F.R. § 68.81(d)(5).
18. The facility failed to establish a system to promptly address and resolve the incident report findings and recommendations and documents resolutions and corrective actions as required under 40 C.F.R. § 68.81(e).

Civil Penalty

Complainant has determined that an appropriate civil penalty to settle this action is$ $244,709.22. In determining the penalty amount, Complainant has considered the factors specified in Section I 13(e) of the Act, 42 U.S.C. § 74l3(e), the facts and circumstances of this case, and other factors such as cooperation, prompt return to compliance, and Respondent’s agreement to perform a supplemental environmental project as described below. Complainant has also considered U.S. EPA’s Combined Enforcement Policy for Clean Air Act Sections 112(r)(1), 112(r)(7), and 40 C.F.R. Part 68 (June 2012).

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NOTE: there was no SEP information in the CAFO