On December 20, 2012, an authorized EPA representative conducted a compliance inspection of the Superior Ag Resources Cooperative, Inc, Evansville Branch, 5015 N. St. Joseph Avenue, Evansville, IN (the facility) to determine its compliance with the Risk Management Program (RMP) regulations promulgated pursuant to Section 112(r)(7) of the Clean Air Act. EPA determined that Respondent violated the following regulations:
1. 40CFR Section 68.15(a) ? Respondent failed to develop a management system to oversee the implementation of the Risk Management Program elements.
2. 40CFR Section 68.36(a) ? Respondent failed to review and update the offsite consequence analysis at least once every five years.
3. 40CFR Section 68.50(d) ? Respondent failed to review and update the hazard review at least once every five years.
4. 40CFR Section 68.56(a) ? Respondent failed to prepare and implement procedures to maintain the ongoing mechanical integrity of the process equipment.
5. 40CFR Section 68.56(d) ? Respondent failed to perform inspection and tests on process equipment that followed recognized and generally accepted engineering practices.
6. 40CFR Section 68.58(a) ? Respondent failed to certify that compliance audits are conducted at least every three years to verify that the procedures and practices are adequate and being followed.
EPA and the respondent entered into an Expedited Settlement Agreement (ESA) to settle this matter, which included a civil penalty for these alleged viol