Backes and Toelke dba Marthasville Ag Center, Inc. (?Respondent?) is the owner or operator of the facility at 15998 State Highway 47, Marthasville, Missouri 63357 (?Facility?). The EPA inspected the Facility on May 15, 2024. The EPA alleges that Respondent violated the following requirements of Section 112(r) of the Clean Air Act, which includes the law and implementing regulations 40 CFR 68, Chemical Accident Prevention Provisions.
1. 40 CFR 68.36(a) requires that facilities review and update the off-site consequence analysis at least once every 5 years. Note: The facility?s most recent hazard assessment at the time of inspection, dated 2008, did not use the most recent Census data for determining effects on off-site populations, as required by 40 CFR 68.30(c). It did not meet the documentation requirements of 68.39(a), or the alternative release scenario analysis requirements of 40 CFR 68.28(b), 68.28(e), and 68.39(b). This preliminary finding was identified based on a post-inspection review of facility documentation.
2. 40 CFR 68.25(b) requires that facilities determine the worst-case release quantity. This preliminary finding was identified based on a post-inspection review of facility documentation.
3. 40 CFR 68.160(b)(7) requires that facilities provide an RMP submission for the processes that includes the maximum quantity of the regulated substance in a process to two significant digits. This preliminary finding was identified based on a post-inspection review of