This EPA CAFO has me wondering who upset the U.S. EPA. There are only two (2) violations; one is the most cited RMP violation in the past seven years and is quite minor; the other was one of the newest RMP requirements, and those two violations netted a $93,000 citation.
Respondent is the owner and operator of a facility that operates a refrigeration process that uses Anhydrous Ammonia in quataties over 10,000 pounds. On or about May 10-11, 2022, EPA conducted an inspection of Respondent’s Facility to determine compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68. Information gathered during the EPA inspection revealed that Respondent uses anhydrous ammonia as a refrigerant during their ice cream manufacturing processes and, therefore, is engaged in a process at its facility.
Allegations of Violation
Count 1
The EPA inspection revealed that Respondent failed to submit a correction to reflect the change in emergency contact in less than 30 days, as required by 40 C.F.R. 68.195(b).
Respondent’s failure to submit a correction to reflect the change in emergency contact in less than 30 days, as required by 40 C.F.R. 68.195(b), is a violation of Section 112(r)(7) of the CAA.
Count 2
Program 3 prevention requirements of 40 C.F.R. §§ 68.90 through 68.96, as required by 40 C.F.R. § 68.12(d)(5). Specifically:
- The EPA inspection revealed that Respondent failed to conduct emergency response coordination activities at least annually, as required by 40 C.F.R. 68.93(a).
- The EPA inspection revealed that Respondent failed to document emergency response coordination activities, as required by 40 C.F.R. 68.93(c).
Respondent’s failure to document its emergency response coordination with local authorities for 2021 per 40 C.F.R. § 68.93(c), as required by 40 C.F.R. § 68.12(d)(5), is a violation of Section 112(r)(7) of the CAA.
Penalty Payment
Respondent agrees that, in settlement of the claims alleged herein, Respondent shall pay a civil penalty of Ninety-Three Thousand One-Hundred Seven Dollars ($93,107.00).
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