Respondent is the owner and operator of an ammonia and fuel retail business. On or about June 12, 2014 EPA inspected the facility to determine compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68. At the time of the 2014 inspection, Respondent had greater than 10,000 pounds of anhydrous ammonia stored in a process (bulk storage tanks) at the facility. Respondent’s storage of ammonia at the facility began in approximately October 2012. Anhydrous ammonia is a regulated substance pursuant to 40 C.F.R. § 68.3. The threshold quantity for anhydrous ammonia, as listed in 40 C.F.R. § 68.130, Table 1, is 10,000 pounds. As alleged below, information collected as a result of the 2014 Inspection revealed that at the facility Respondent had failed to properly develop and implement the risk management program required by Section 112(r) of the CAA and 40 C.F.R. Part 68.
On or about July 1, 2014, Respondent submitted a Risk Management Plan to EPA, and during the negotiations of this Consent Agreement/Final Order has documented compliance with the risk management program required by Section 112(r) of the CAA and 40 C.F.R. Part 68.
Alleged Violations Section 112 of the CAA
The facility is subject to the requirements of the Program 2 prevention program, 40 C.F.R. Part 68, Subpart C, because the process is not subject to the requirements of the Occupational Safety and Health Administration (“OSHA”) process safety management standard, 29 C.F.R. § 1910.119, 40 C.F.R. § 68.1O(d) and there are public receptors at the facility. Prior to the July 1, 2014 submittal of the RMP, Respondent failed to comply with the requirements of 40 C.F.R. Part 68 at the facility, as follows, in violation of Section 112(r) of the CAA, 42 U.S.C. § 7412(r):
- Respondent failed to develop a management system to oversee the implementation of the risk management program elements, assign a qualified person or position that has overall responsibility for the RMP, and document persons or positions, other than the qualified individual, who have been assigned responsibilities for implementing elements, as required by 40 C.F.R. § 68.15.
- Respondent failed to comply with applicable paragraphs of 40 C.F.R. Part 68, Subpart B, by failing to conduct and document the hazard assessment as required by 40 C.F.R. § 68.20 through 68.42.
- Respondent failed to implement the Program 2 prevention steps specified in 40 C.F.R. Part 68, Subpart C, as follows:
- Respondent failed to keep an accurate maximum intended inventory for equipment in which anhydrous ammonia is stored or processed as required by 40 C.F.R. § 68.48(a)(2).
- Respondent failed to compile and maintain safe upper and lower temperatures, pressures, flows and compositions in equipment in which anhydrous ammonia is stored as required by 40 C.F.R. § 68.48(a)(3).
- Respondent failed to provide equipment specifications as required by 40 C.F.R. § 68.48(a)(4).
- Respondent failed to provide documentation of codes and standards used to design, build, and operate the process as required by 40 C.F.R. § 68.48(a)(5).
- Respondent failed to ensure that the process is designed in compliance with recognized and generally accepted good engineering practices as required by 40 C.F.R. § 68.48(b).
- Respondent failed to conduct a review of the hazards associated with the regulated substances, process, and procedures as required by 40 C.F.R. § 68.50.
- Respondent failed to prepare written operating procedures that provide clear instructions or steps for safely conducting activities associated with the covered process, as required by 40 C.F.R. § 68.52.
- Respondent failed to prepare and implement procedures to maintain the ongoing mechanical integrity of the process equipment as required by 40 C.F.R. § 68.56.
- Respondent failed to prepare a protocol for incident investigation in the event that an incident could result or could reasonably have resulted in catastrophic release, as required by 40 C.F.R. § 68.60.
- Respondent failed to comply with applicable paragraphs of 40 C.F.R. Part 68, Subpart G by not submitting a Risk Management Plan within the required timeframe. e. Respondent failed to conduct a compliance audit as required in 40 C.F.R. § 68.58 at the facility, within three years of bringing more than the threshold quantity (10,000 pounds) of a regulated substance (anhydrous ammonia) within the facility boundary.
In resolution of the penalty claims for the “RMP” violations of Section 112 of the CAA and 40 C.F.R. Part 68 alleged above, Respondent agrees to and shall pay the following penalty:
- Within thirty (30) days of the entry of this Final Order pay a civil penalty of Seventeen Thousand, Six Hundred and Seventy Five Dollars ($17,675).
- Within ninety days (90) of the effective date of this Final Order, Respondent shall pay a civil penalty and applicable interest of Thirty Thousand, Six Hundred and Fifty Two Dollars ($30,652).
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