A cheese manufacturing facility stores and uses anhydrous ammonia in its production process and the facility had present at the facility anhydrous ammonia in quantities exceeding 10,000 pounds during calendar years 1999 through 2011. On September 14, 2010, Respondent’s Risk Management Program, prepared pursuant to 40 C.F.R. ยง 68.12(d), failed to implement mandatory elements required by those provisions. Here is a breakdown of the deficiencies in Respondent’s Risk Management Program at its facility:
68.39(e) Failure to maintain data used to estimate population potentially affected.
68.65(c)(1)(iv) Failure to document information pertaining to technology of the process that includes safe upper and lower temperatures, and pressures. 68.69(a)(1)(iv) Failure to develop operating procedures that address emergency shutdown including conditions under which emergency shutdown is required, and the assignment of shutdown responsibility to qualified operator to ensure that emergency shutdown is executed in a safe and timely manner for each individual process unit.
68.69(a)(1)(vi) Failure to develop operating procedures that address normal shutdown for each individual process unit.
68.69(a)(1)(viii) Failure to develop operating procedures that address startup following a turnaround, or after emergency shutdown for each individual process unit.
68.69(c) Failure to certify annually that operating procedures were current and accurate.
68.71(b) Failure to maintain complete records of refresher training, that includes operating procedures specific to the facility, at least every three years, or more often if necessary.
68.71(c) Failure to maintain complete records that each employee involved in operating a process has received and understood the training required and that the record contains the identity of the employee, the date of the training, and the means used to certify that the employee understood the training.
68.73(d)(3) Failure to ensure the frequency of inspection and tests of process equipment is consistent with applicable manufacturers’ recommendations, good engineering practices, and prior operating experience~ not conducting a regular five-year independent inspection.
Based on an analysis of the facts of this case and Respondent’s cooperation in quickly resolving this matter, Complainant has determined that an appropriate civil penalty to settle this action is $54,600.
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