Respondent does business in the Commonwealth of Kentucky and operates a “stationary source”. Respondent has developed an RMProgram accidental release prevention program for the stationary source. The Respondent, at its stationary source has an RMProgram covered process, ammonia refrigeration, which stores or otherwise uses anhydrous ammonia, in an amount exceeding its applicable threshold of 10,000 pounds. Based on an RMProgram compliance monitoring investigation initiated on March 30, 2013, the EPA alleges that the Respondent violated the codified rules governing the CAA Chemical Accident Prevention Provisions, because Respondent did not adequately implement provisions of 40 CFR Part 68 when it:
- Failed to use the most recent Census data, or other updated information, to estimate the population potentially affected in defining offsite impacts as required by 40 CFR § 68.30(c);
- Failed to document a block flow diagram or simplified process flow diagram as required by 40 CFR § 68.65( c )( 1 )(i);
- Failed to document safe upper and lower limits for such items as temperatures, pressures, flows or compositions as required by 40 CFR § 68.65(c)(l)(iv);
- Failed to document an evaluation of the consequences of deviations as required by 40 CFR § 68.65(c)(l)(v);
- Failed to document materials of construction information pertaining to equipment in the process as required by 40 CFR § 68.65(d)(l)(i);
- Failed to document electrical classification information as required by 40 CFR § 68.65(d)(l)(iii);
- Failed to document relief system design and design basis information as required by 40 CFR § 68.65(d)(l)(iv);
- Failed to document ventilation system design information as required by 40 CFR § 68.65(d)(l)(v);
- Failed to document that equipment complies with recognized and generally accepted good engineering practices as required by 40 CFR § 68.65( d)(2);
- Failed to establish a system to promptly address the process hazard analysis team’s findings and recommendations as required by 40 CFR § 68.67(e);
- Failed to develop written operating procedures for safely conducting activities involved in each covered process as required by 40 CFR § 68.69(a);
- Failed to certify annually that operating procedures are current and accurate as required by 40 CFR § 68.69(c);
- Failed to provide initial training in the overview of the process and in the operating procedures as required by 40 CFR § 68.7l(a);
- Failed to provide refresher training to assure that the employee understands and adheres to the current operating procedures of the process as required by 40 CFR § 68.71(c);
- Failed to train each employee involved in maintaining the on-going integrity of process equipment as required by 40 CFR § 68.73(c);
- Failed to ensure the frequency of inspections and tests of process equipment be consistent with good engineering practices as required by 40 CFR § 68.73(d)(3);
- Failed to certify evaluation of compliance with the risk management program provisions at least every three years as required by 40 CFR § 68.79(a);
- Failed to promptly determine and document an appropriate response to each of the findings of the compliance audit, and document that deficiencies have been corrected as required by 40 CFR § 68. 79(d);
- Failed to obtain and evaluate information regarding the contract owner or operator’s safety performance and programs as required by 40 CFR § 68.87(b)(l);
- Failed to inform the contract owner or operator of the known potential fire, explosion, or toxic release hazards related to the contractor’s work and the process as required by 40 CFR § 68.87(b )(2);
- Failed to explain to the contractor the applicable provisions of the facility’s emergency response actions as required by 40 CFR § 68.87(b)(3);
- Failed to periodically evaluate the performance of the contract owner or operator of fulfilling their obligations as required by 40 CFR § 68.87(b)(5);
- Failed to coordinate the emergency response plan with the community emergency response plan as required by 40 CFR § 68.95(c);
- Failed to submit a corrected RMP within one month of any change in the emergency contact information as required by 40 CFR § 68.195(b).
Respondent certifies that as of the date of execution of this CAFO, to the best of the Respondent’s knowledge after a good faith inquiry, it is compliant with the applicable requirements of Section 112(r) of the CAA. Respondent agrees to pay a civil penalty of TWENTY SIX THOUSAND ONE HUNDRED NINETY SEVEN DOLLARS ($26, 197), to be paid within thirty (30) days of the effective date of this CAFO.
Supplemental Environmental Project
Respondent shall undertake and complete the following Emergency Planning and Preparedness project within 45 days of the effective date of this CAFO. Respondent shall expend no less than EIGHTY FOUR THOUSAND FIVE HUNDRED FOUR DOLLARS ($84,504) for the purchase of the following equipment for donation to the agencies listed below:
Owingsville Volunteer Fire Department:
Quantity Description
1 2015 Ford F-350 Chassis Truck
10 B 1 Structural Jackets
10 B 1 Structural Pants
Bath County Sherriff Department:
Quantity Description
1 2014 F-150 4×4 Supercrew Truck
1 Light Bar Blue Torrent
6 F204 LED Surf ace Mount
1 SAlOO Speaker
1 Siren and Switchbox
1 Headlight Flasher
1 Pickup PB40 Bumper
4 Brackets INC Rear
4 Four Corner LEDs
1 F413T4-6 TIR Rear Window Light
2 F65 Bumper Lights
1 Setina 1 OVS Partition with Lower Shield
1 New Console
1 Window Screen
1 Lettering of Truck
In the event that Respondent’s actual purchase of equipment deviates from the quantities specified above, Respondent shall provide information to EPA explaining the reason(s) for any such deviation. So long as the amount that Respondent spends equals or exceeds $84,504, and the explanation for the deviation is acceptable to EPA, this provision shall be deemed to be satisfied.
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