Respondent (s) is a private company which has 2 full time employees and sells NH3 as a fertilizer to farmers. The facility had 175,079 pounds of Anhydrous Ammonia on site at the time of the inspection. On May 21, 2015, EPA conducted a compliance inspection of the Respondent’s facility to determine compliance with the Risk Management Plan (RMP) regulations promulgated at 40 C.F.R. Part 68 under Section 112(r) of the CAA. The EPA found that the Respondent had violated regulations implementing Section 112(r) of the CAA by failing to comply with the regulations as noted on the enclosed Risk Management Program Inspection Findings (RMP Findings), which is hereby incorporated by reference.
VIOLATIONS
Prevention Program $1,500
Safety Information[§ 68.48(b)]
The owner or operator failed to ensure that the process is designed in compliance with recognized and generally accepted good engineering practices per 40 CFR 68.48(b).
Specifically, the facility did not have adequate piping support as required per CGA G2.1-2014 Section 5.6.3 (formerly ANSI K61.1-1999).
Prevention Program $300
Hazard Review [§ 68.50(a)(1)]
The owner or operator failed to complete a Hazard Review which identified all hazards associated with the process and regulated substances per 40 CFR 68.50(a) (1).
Specifically, question #9 on page two of the hazard review was left blank.
Prevention Program $300
Compliance Audits[§ 68.58(d)]
The owner or operator failed to determine and document an appropriate response to the finding of the compliance audit and document that the deficiency has been corrected as required per 40 CFR 68.58(d).
Prevention Program $900
Emergency Response[§ 68.90(b)(1)]
The owner or operator failed to ensure that their stationary source is included in the community emergency response plan for XXXXXXX County as required per 40 CFR 68.90(b)(1).
Prevention Program $1000
Risk Management Plan[§ 68.195(b)]
The owner or operator failed to update the emergency contact information in the RMP within thirty days of a change as required per 40 CFR 68.195(b).
Prevention Program $2000
Risk Management Plan[§ 68.190(b)(1)]
The owner or operator failed to revise and update the RMP at least every five years from the date of its most recent update required per 40 CFR 68.190(b)(1).
After adding the penalty numbers in the Risk Management Program Inspection Findings, Alleged Violations and Proposed Penalty Sheet an unadjusted penalty of $6,000 is derived. In consideration of Respondent’s size of business, its full compliance history, its good faith effort to comply, and other factors as justice may require, and upon consideration of the entire record, the parties enter into the ESA in order to settle the violations, described in the enclosed RMP Findings, for the total penalty amount of $4,800.
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