Respondent is the owner and operator of a facility where, on October 10, 2024, there was an incident at the Facility that resulted in an accidental release of NH3. A sanitation team member opened an ammonia valve instead of the valve to drain the marination tank, resulting in the release of 1,024 lbs of anhydrous ammonia. Pursuant to Section 114 of the CAA, 42 U.S.C. § 7414, EPA requested on December 17, 2024, and Respondent provided documentation and information concerning the Incident and Respondent’s compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68. Based on the response provided on January 17, 2025, EPA conducted an investigation of the Facility to determine the Respondent’s compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68.
Respondent has greater than a threshold quantity of Anhydrous Ammonia in a process at the Facility, meeting the definition of “covered process” as defined by 40 C.F.R. § 68.3. Based upon the information gathered during the Investigation, EPA determined that Respondent violated certain provisions of the CAA.
ALLEGED VIOLATIONS
Count 1-Failure to Implement an Operating Procedure
Respondent failed to implement an operating procedure, which resulted in a sanitation team member turning on an ammonia valve instead of the valve to drain the marination tank, resulting in the release of 1,024 lbs of anhydrous ammonia.
Respondent’s failure to implement an appropriate operating procedure is a violation of 40 C.F.R. § 68.69(a).
Count 2 -Failure to Conduct a Public Meeting
Respondent failed to conduct a public meeting after the release incident which resulted in an evacuation of the Facility and an evacuation and road closure issued by the Siloam Springs Fire Department for the surrounding community.
Respondent’s failure to hold a public meeting after the incident is a violation of 40 C.F.R. § 68.210(b).
CONSENT AGREEMENT AND CIVIL PENALTY
Upon consideration of the entire record herein, including the Findings of Fact and Conclusions of Law, which are hereby adopted and made a part hereof, and upon consideration of the size of the business, the economic impact of the penalty on the business, Respondent’s full compliance history and good faith efforts to comply, the duration of the violations, payment by the violator of any penalties previously assessed for the same violations, the economic benefit of noncompliance, the seriousness of the violations, and other factors as justice may require, EPA has assessed a civil penalty in the amount of $46,550 (the “EPA Penalty”).
CLICK HERE for the CAFO