2/25/20 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $106,250. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP.
ALLEGED VIOLATIONS:
BASED ON EPA'S COMPLIANCE MONITORING INVESTIGATION AT THE BROOKSVILLE FACILITY, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED 42 U.S.C. SECTION 7412(r)(1), THE CAA GENERAL DUTY CLAUSE BY FAILING TO IDENTIFY HAZARDS ASSOCIATED WITH ITS AMMONIA REFRIGERATION SYSTEM AND BY FAILING TO DESIGN AND MAINTAIN A SAFE AMMONIA REFRIGERATION FACILTY.
BASED ON EPA'S COMPLIANCE MONITORING INVESTIGATION AT THE BAY SPRINGS FACILITY, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED 40 C.F.R. PART 68, THE CODIFIED RULES GOVERNING THE ACT'S CHEMICAL ACCIDENT PREVENTION PROVISIONS AND SECTION 112(r) OF THE ACT, 42 U.S.C. SECTION 7412(r).
(a) FAILED TO MAINTAIN RECORDS PERTAINING TO THE WORST CASE SCENARIO FOR THE OFFSITE CONSEQUENCE ANALYSES, AS REQUIRED BY 40 C.F.R. SECTION 68.39(a);
(b) FAILED TO MAINTAIN RECORDS PERTAINING TO ALTERNATIVE RELEASE SCENARIOS, AS REQUIRED BY 40 C.F.R. SECTION 68.39(b);
(c) FAILED TO COMPILE WRITTEN PROCESS SAFETY INFORMATION DOCUMENTATION FOR THE TECHNOLOGY OF THE PROCESS WHICH SHALL INCLUDE THE MAXIMUM INTENDED INVENTORY, AS REQUIRED BY 40 C.F.R. SECTION 68.65(c)(1)(iii);
(d) FAILED TO COMPILE WRITTEN PROCESS SAFETY INFORMATION DOCUMENTATION FOR THE EQUIPMENT OF THE PROCESS WHICH SHALL INCLUDE P&ID, AS REQUIRED BY 40 C.F.R. SECTION 68.65(C)(1)(iii);
BASED ON