Respondent operates an ammonia refrigerant system which contains approximately 8,487 pounds of ammonia which is processed, handled, and stored in the ammonia refrigerant systems, and ammonia is a regulated extremely hazardous substance listed under Section 112(r)(3) at 40 C.F.R. § 68.130. EPA inspected the Facility on June 7, 2018. Prior to the June 7, 2018 inspection, Respondent had not performed a hazard analysis nor developed standard operating procedures for the ammonia refrigerant system.
ALLEGED VIOLATIONS
Failure to Identify Hazards Which Result from Accidental Releases of Ammonia
Pursuant to the General Duty Clause, Section 112(r)(1) of the Act, Respondent had a duty to identify hazards which may result from accidental releases of extremely hazardous substances listed under 40 C.F.R. §68.130 such as ammonia, using appropriate hazard assessment techniques.
Respondent failed to identify hazards by not developing a hazard analysis for the ammonia refrigerant system prior to operation of the ammonia refrigerant system.
Respondent’s failure to identify hazards associated with ammonia refrigerant system is a violation of the General Duty Clause under Section 112(r)(1) of the Act
Failure to Design and Maintain a Safe Facility Taking Necessary Steps to Prevent Accidental Releases of Ammonia
Pursuant to the General Duty Clause, Section 112(r)(1) of the Act, Respondent had a duty to design and maintain a safe facility taking such steps as are necessary to prevent releases.
Respondent failed to design and maintain a safe facility by not developing written procedures for the operation of the ammonia refrigerant system.
Respondent’s failure to design and maintain a safe facility by not developing operating procedures for the ammonia refrigerant system is a violation of the General Duty Clause under Section 112(r)(1) of the Act
Steps Taken by Respondent to Achieve Compliance
Respondent prepared a process hazard analysis of the ammonia refrigerant system on June 21, 2018, and submitted it to EPA on June 27, 2018.
Respondent prepared written procedures for the operation of the ammonia refrigerant system on June 11, 2018, and submitted them to EPA on June 27, 2018.
TERMS OF PAYMENT
Respondent consents to the payment of a civil penalty in the amount of $90,693
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