Respondent owns and operates the egg production facility which utilizes anhydrous ammonia in a refrigeration process. On or about August 1-2, 2017, EPA conducted an inspection to determine compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68 (EPA inspection). Information gathered during the EPA inspection revealed that Respondent had greater than 10,000 pounds of anhydrous ammonia in a process at its facility. From the time Respondent first had on site greater than 10,000 pounds of anhydrous ammonia in a process, Respondent was subject to Program 3 prevention program requirements because the covered process at its facility did not meet the eligibility requirements of Program 1 and is in North American Industry Classification System, code 49312, and was subject to the OSHA process safety management standard, 29 C.F.R. § 1910.119.
EPA hereby states and alleges that Respondent has violated the CAA and federal regulations promulgated thereunder as follows:
Count 1
The regulation at 40 C.F.R. § 68.12(d)(2) requires the owner or operator of a stationary source with a process subject to Program 3 to conduct a hazard assessment as provided in 40 C.F.R. §§ 68.20 through 68.42. The regulation at 40 C.F.R. § 68.30(c) requires the owner or operator of a stationary source with a process subject to Program 3, when defining offsite impacts, to use the most recent Census data, or other updated information, to estimate the population potentially affected.
The EPA inspection revealed that Respondent, when defining off site impacts, failed to use the most recent Census data, or other updated information, to estimate the population potentially affected.
Respondent’s failure, when defining offsite impacts, to use the most recent Census data, or other updated information, to estimate the population potentially affected pursuant to 40 C.F.R. § 68.30(c), as required by 40 C.F.R. § 68.12(d)(2), is a violation of Section 112(r)(7) of the CAA, 42 U.S.C. § 7412(r)(7).
Count 2
The regulation at 40 C.F.R. § 68.12(d)(3) requires the owner or operator of a stationary source with a process subject to Program 3 to implement the Program 3 prevention requirements of 40 C.F .R. §§ 68.65 through 68.87.
The EPA inspection revealed that Respondent failed to implement the Program 3 prevention requirements of 40 C.F.R. §§ 68.65 through 68.87, as required by 40 C.F.R. § 68.12(d)(3).
Specifically:
(a) Respondent failed to comply with recognized and generally accepted good engineering practices required by§ 68.65(d)(2) in that it;
(1) did not have emergency showers and eye wash stations outside the engine room as specified in ANSI/IIAR 2-2014, sections 6.7.1; and
(2) did not have nonsparking blades in the exhaust fans used in the engine room as specified in ANSI/IIAR 2-2014, Section 6.14.3.6.;
(b) Respondent failed to certify annually that operating procedures are current and accurate as required by § 68.69(c);
(c) Respondent failed to certify that it had evaluated compliance with the provisions of this subpart at least every three years to verify that procedures and practices developed under this subpart are adequate and are being followed as required by§ 68.79(a); and
(d) Respondent failed to effectively document that each operator involved in operating a process has received and understood the training required for operating procedures per§ 68.7l(c).
Respondent’s failures to comply with Program 3 prevention requirements of 40 C.F.R. §§ 68.65 through 68.87, as required by 40 C.F.R. § 68.12(d)(3), violate Section 112(r)(7) of the CAA, 42 U.S.C. § 7412(r)(7).
Count 3
The regulation at 40 C.F .R. § 68.180 requires the owner or operator to have an emergency response program, which includes specific actions to be taken in response to an accidental release of a regulated substance.
The EPA inspection revealed that Respondent incorrectly identified itself as an emergency responding site on its RMP in Section 9, Emergency Response, and did not adjust the RMP accordingly.
Respondent’s failure to comply with 40 C.F.R. § 68.180 is a violation of Section 112(r)(7) of the CAA, 42 U.S.C. § 7412(r)(7).
CONSENT AGREEMENT
Respondent agrees that, in settlement of the claims alleged herein, Respondent shall pay a civil penalty of Fifty-Nine Thousand Nine Hundred Dollars ($59,900).
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