Posted by: Lawyer Sanders | August 14, 2008

Lawyer Sanders says violations of Section 112(r) of Clean Air Act costs Roy Farms $113,400 in fines and SEP.

EPA fined Roy Farms, Inc. (Roy Farms) $29,320 for violating Section 112(r) of the federal Clean Air Act (CAA).   emergency prevention and planning violations. The alleged violations occurred between July, 2002 and July, 2007.  Based on an investigation of Roy Farms conducted in August of 2006, EPA found that the facility lacked a prevention program to protect the public and the environment from off-site release of anhydrous ammonia.  

Section 112(r) requires all public and private facilities that manufacture, process, use, store, or otherwise handle greater than a threshold amount of a regulated substance(s) to develop a “Risk Management Program” and submit Risk Management Plans. Toxic chemicals, such as ammonia and chlorine, are covered by the program.

In addition to payment of $29,320 to the U.S. Treasury, Roy Farms also corrected its violations of the Clean Air Act, and agreed to spend at least $84,120 on implementing a Supplement Environmental Project (SEP) within the next three months.

The SEP involves purchasing new communications and safety equipment for the East Valley fire Department, Yakima County Fire District #4, to improve the department’s capabilities in responding to hazardous material emergencies in a safe and effective environment.

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