In the Order, EPA determined that the Respondent failed to comply with its general duty, pursuant to Section 112(r)(1) of the CAA, (a) to identify hazards which may result from accidental releases of a regulated substance or other extremely hazardous substance, using appropriate hazard assessment techniques, (b) to design and maintain a safe facility taking such steps as are necessary to prevent releases, and (c) to minimize the consequences of accidental releases which occur.
In the Order, Respondent agrees to develop, complete, put in to practice, and provide EPA with a copy of an Emergency Response Plan for the Facility which focuses on an anhydrous ammonia release at and/or from the Facility, and also addresses any other hazardous substances present at the Facility. Also, the Respondent will coordinate this Emergency Response Plan with all first responders at the Federal, State and local levels.
Additionally, Respondent will discontinue all use of ammonia in the two ice machines at the Facility. By December 31, 2015, the Respondent will replace or convert the first of the two ice machines at the Facility to an ammonia-free system. By June 30, 2016, and earlier if possible, Respondent shall replace or convert the second ice machine at the Facility to an ammonia-free system. This will be followed by the submittal of a final report to EPA detailing all the work performed pursuant to this Order, along with documentation of its costs in complying with the Order, with