Respondent operates ammonia storage and transfer process which contains 840,000 pounds of anhydrous ammonia for storage and transfer. Respondent has one RMProgram level 2 covered process. On March 3, 2016, the EPA conducted an onsite inspection of the RMProgram related records and equipment to assess the Respondent’s compliance with the RMProgram requirements and the implemented recognized and generally accepted good engineering practices (RAGAGEP) for the covered process at its stationary source.
At the time of inspection, the Respondent was asked to provide documentation that they developed and implemented procedures to maintain the on-going mechanical integrity of the process equipment. The Respondent could not provide the requested information.
At the time of inspection, the Respondent was asked to provide the maximum quantity of each regulated substance or mixture in the process (in pounds) to two significant digits. The Respondent could not provide the requested information.
ALLEGED VIOLATIONS OF LAW
Based on the EPA’s compliance monitoring investigation, the EPA alleges that the Respondent violated the Chemical Accident Prevention Provisions because Respondent did not adequately implement provisions of 40 C.F .R. Part 68 when it:
- Failed to implement procedures to maintain the on-going mechanical integrity of the process equipment, as required by 40 C.F.R. § 68.56(a); and
- Failed to include in the RMP, the maximum quantity of each regulated substance or mixture in the process to two significant digits as required by 40 C.F.R. § 68.160(b)(7).
Penalty Payment. Respondent agrees to pay the civil penalty of FIFTY-ONE THOUSAND ONE HUNDRED AND ONE DOLLARS ($51,101) (“EPA Penalty”)
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