Respondent is the owner and/or operator of two facilities, the “Saratoga Springs Facility” and the “Carthage Facility”. On or about May 22, 2009, Respondent submitted an RMP to EPA for the Saratoga Springs Facility; which identified the process chemical as chlorine, specified a quantity of 24,000 pounds, and identified this process as subject to Program 3 requirements. On May 13, 2010, EPA conducted an inspection at the Saratoga Springs Facility to determine compliance with Section 112(r) of the CAA, 42 U.S.C. § 7412(r), and the applicable regulations listed in 40 C.F.R. Part 68. EPA issued a compliance order to Respondent on September 28, 2010, Index No. CAA-02-20 10-1018, pursuant to Section 113 of the CAA regarding the Saratoga Springs Facility. The Order required Respondent to perform certain activities at the Saratoga Springs Facility to come into compliance with the requirements of Section 112(r) of the CAA and 40 C.F.R. Part 68. On March 28, 2011, Respondent submitted a final report to EPA documenting compliance with the Order (“Final Report”). Deficiencies in the Final Report were found by EPA, which Respondent corrected in subsequent submissions to EPA on July 7, 2011, and October 23, 2011.
Carthage Facility
On or about May 18, 2009, Respondent submitted an RMP to EPA for the Carthage Facility, which identified the process chemical as chlorine, specified a quantity of 24,000 pounds, and identified this process as subject to Program 3 requirements. On October 26, 2010, EPA conducted an inspection at the Carthage Facility (“Carthage Inspection”) to determine compliance with Section 112(r) of the CAA, 42 U.S.C. § 7412(r), and the applicable regulations listed in 40 C.F.R. Part 68.
During the Carthage inspection, EPA determined that ammonia (with a concentration of 20% or greater) was present in a process at the facility in a quantity of 27,000 pounds or greater. In a “show cause” letter dated March 29, 2011, EPA notified Respondent that during the October 26, 2010, inspection deficiencies were found in the Carthage Facility’s compliance with 112(r) of the CAA and the applicable regulations listed in 40 C.F.R. Part 68, including the failure to include the ammonia process in the RMP submission for the Carthage Facility. On September 29, 2011, Respondent submitted a revised RMP report to EPA for the Carthage Facility, which included the ammonia process.
The threshold quantity for chlorine as listed in 40 C.F.R. § 68.130 is 2,500 pounds. At all times relevant hereto, chlorine was present at the facilities in quantities exceeding the threshold quantity listed in 40 C.F.R. § 68.130. Ammonia (with a concentration of 20% or greater) is a regulated substance pursuant to Sections 112(r)(2) and (3) of the CAA and 40 C.F.R. § 68.3. The threshold quantity for ammonia (with a concentration of 20% or greater) as listed in 40 C.F.R. § 68.130 is 20,000 pounds. At all times relevant hereto, ammonia (with a concentration of 20% or greater) was present at the Carthage Facility in quantities exceeding the threshold quantity listed in 40 C.F.R. § 68.130.
At the time of the Saratoga Springs Inspection, and as detailed in the Order, EPA identified violations of the regulations at 40 C.F.R. Part 68 at the facility, including violations of:
- hazard assessment requirements;
- process safety information requirements;
- process hazard analysis requirements;
- mechanical integrity requirements; and
- operating procedures requirements.
At the time of the Carthage Inspection, EPA identified violations of the regulations at 40 C.F.R. Part 68 at the Facility, including violations of:
- hazard assessment requirements;
- process safety information requirements;
- process hazard analysis requirements;
- operating procedures requirements;
- mechanical integrity requirements;
- hot work permit program requirements; and
- RMP submission for the ammonia process requirements.
Respondent’s failure to fully comply with the requirements of 40 C.F.R. Part 68 regarding the facilities constitutes violations of Section 112(r) of the CAA, 42 U.S.C. § 7412(r). Respondent is therefore subject to the assessment of penalties under Section 113(d) of the CAA, 42 U.S.C. § 7413(d).
Respondent agrees to pay a civil penalty in the total amount of ninety thousand dollars ($90,000.00).
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