On August 10, 2012, EPA conducted a compliance inspection of a refrigerated Distribution Center to determine its compliance with the Risk Management Program (“RMP”) regulations promulgated pursuant to Section 112(r) of the Act, and set forth at 40 C.F.R. Part 68. Based on the August 10, 2012 inspection, EPA has determined that Respondent violated the following regulations:
- 40 C.F.R. § 68.195(b) – Respondent failed to submit a correction of the emergency contact information within thirty days of the change.
- 40 C.F.R. § 68.71(b) – Respondent failed to provide refresher training to the employees involved in operating the anhydrous an1ffionia refrigeration system.
- 40 C.F.R. § 68.73(d)(3) – Respondent failed to timely performed tests on the pressure relief valves as required under the manufacturers’ recommendations and good engineering practices.
- 40 C.F.R. § 68.75(a) – Respondent failed to implement the management of change procedures.
In consideration of Respondent’s size of business, its full compliance history, its good faith efforts to comply, other factors as justice may require; and upon consideration of the entire record, the parties enter into this ESA in order to resolve any civil penalties for these alleged violations for the total penalty amount of $1,770.00.
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