Respondent is the owner and/or operator of a Brewery which uses, handles, and/or stores more than a threshold quantity of anhydrous ammonia, a regulated substance, as specified at 40 C.F.R. §§ 68.115 and 68. 130. Pursuant to CAA section 112(r)(7), Respondent is required to prepare and implement a risk management program to detect and prevent or minimize accidental releases of such substances. The EPA conducted an inspection of the Facility on May 24th and May 25th, 2017, to assess compliance with 40 C.F.R. part 68. During the inspection, the EPA representative observed alleged violations of 40 C.F.R. part 68. The alleged violation identified in the inspection that has not yet been corrected is described below.
40 C.F.R. § 68.65( d)(2) provides that the owner or operator shall document that equipment complies with recognized and generally accepted good engineering practices. Respondent’s ammonia refrigeration piping was not labeled in accordance with IIAR Bulletin No. 114-Guidelines for: Identification of Ammonia Refrigeration Piping and System Components. By not labeling ammonia refrigeration piping per IIAR Bulletin No. 114, Respondent did not comply with recognized and generally accepted good engineering practices and violated 40 C.F.R. § 68.65(d)(2).
Based upon the foregoing Findings and Alleged Violation by the EPA, it is hereby ordered and agreed that Respondent shall comply with the requirements of section 112(r) of the CAA and the regulations promulgated thereunder and codified at 40 C.F.R. part 68. Specifically, the EPA and Respondent agree that Respondent shall, as expeditiously as possible, but in no event later than September 27, 2020, correct the violation alleged as stated above. Within 15 days of completion of all actions identified in Paragraph 15, Respondent shall provide the EPA with a notification that the actions have been completed.
The notification of completion required by Paragraph 16 of this Order shall also contain the following certification signed by an officer of Respondent:
I certify under penalty of law that I have examined and am familiar with the information submitted in this document and all attachments and that , based upon my inquiry of those individuals immediately responsible for obtaining the information , the information is true, accurate, and complete . I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment.
(Signature and date)
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