Respondent owns and operates a meat production and packaging facility. 20. Information gathered during the EPA inspection revealed that Respondent had greater than 10,000 pounds of anhydrous ammonia in a process at its facility. On or a bout October 20-21, 2015, 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.
Allegations of Violation
Count 1
40 C.F.R. § 68.12(a) requires the owner or operator of a stationary source subject to the Risk Management Program, 40 C.F.R. Part 68, to submit a single RMP as provided in 40 C.F.R. § 68.150 to 68.185. Pursuant to 40 C.F.R.§68.160, the owner or operator shall complete a single registration form that provides the Program level of each covered process and whether the stationary source is subject to 29 C.F.R. § 1910.119. Additionally, pursuant 40 C.F.R. § 68.175(a), the owner or operator is required to provide the information identified at 40 C.F.R. § 68.175(b) through (p) for each Program 3 process.
EPA’s inspection revealed that Respondent failed to submit an RMP that identified the storage and use of anhydrous ammonia at the Facility.
Respondent failed to submit an RMP for the covered process at the Facility pursuant to the requirements at 40 C.F.R. § 68.150 to 68.185, as required by 40 C.F.R. § 68.12(a).
Count 2
40 C.F.R. § 68.12(d)(3) requires the owner or operator of a stationary source with a process subject to Program 3 to implement the prevention requirements of 40 C.F.R. §§ 68.65 through 68.87.
EPA’s inspection revealed that Respondent failed to implement the Program 3 prevention requirements of 40 C.F.R. §§ 68.65 through 68.87, as required by 40 C.F.R. § 68.12(d)(3).
Specifically:
- Respondent failed to complete a process hazard analysis that addressed the hazards of the process, as required by 40 C.F.R. § 68.67(c)(1);
- Respondent failed to prepare and implement procedures to maintain the ongoing mechanical integrity of the process equipment; failed to train each employee involved in maintaining the ongoing mechanical integrity of the process; and failed to perform inspections and tests on process equipment, as required by 40 C.F.R. § 68.73(b), (c) and (d);
- Respondent failed to certify that it evaluated compliance with 40 C.F.R. Part 68, Subpart D at least every 3 years and failed to report audit findings and corrected deficiencies as required by 40 C.F.R. 68.79); and
- Respondent failed to evaluate information regarding contractor safety and performance, inform contractors of known potential fire, explosion, and toxic release hazards, to inform them of applicable emergency response procedures, to confirm that the contractor documented employee identification, date of training, and means used to verify training was understood as required by 40 C.F.R. 68.87(b)(1-3) & (c)(3).
CONSENT AGREEMENT
Respondent agrees that, in settlement of the claims alleged herein, Respondent shall pay a civil penalty of Eighty Thousand, Four Hundred and Seventy Dollars, ($80,470).
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