On July 17, 2013, EPA conducted a compliance inspection of the Respondent’s facility to determine compliance with the Risk Management Plan (RMP) regulations promulgated at 40 C.F.R. Part 68 under Section 112(r) of the CAA. The EPA found that the Respondent had violated regulations implementing Section 112(r) of the CAA by failing to comply with the regulations as noted on the enclosed Risk Management Program Inspection Findings (RMP Findings), which include:
Prevention Program
Safety Information[§ 68.48(b)] $1,500
The owner or operator failed to ensure the process is designed in compliance with recognized and generally accepted good engineering practices. Specifically, failure to ensure that the saddles on each of their 11,000 gallon bulk anhydrous ammonia tanks covered one-third of the required circumference as specified in ANSI 61.1, 1999 Standard.
Incident Investigation [§ 68.60(e)] $1,200
The owner or operator failed to review the findings of an incident investigation with all affected personnel whose job tasks are affected by the findings.
Risk Management Plan
Required Corrections[§ 68.195(b)] $1,000
Owner or operator failed to correct emergency contact information in the RMP within 30 days of the change of emergency contact information.
In consideration of Respondent’s size of business, its full compliance history, its good faith effort to comply, and other factors as justice may require, and upon consideration of the entire record, the parties enter into the ESA in order to settle the violations, described in the enclosed RMP Findings, for the total penalty amount of $2,960.
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