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EPA Issues Penalties to Facilities in Washington, Oregon, Idaho and Alaska for Violations of the Risk Management Program

Release Date: 10/27/2005
Contact Information: Kelly Huynh
(206) 553-1679

October 27, 2005

The U.S. Environmental Protection Agency (EPA) recently issued penalties to 21 facilities in Washington, Oregon, Idaho and Alaska. Most of the penalties were due to late refiling of Risk Management Plans (RMP's). One penalty was for an inadequate Risk Management Program. All of these penalties were conducted under EPA's Expedited Settlement Agreement process and ranged between $600 and $7,500.

"RMP's are required to be fully updated and resubmitted at least every five years. Despite at least two written reminders, many facilities did not resubmit their plans timely. EPA is not able to regularly provide reminders to RMP facilities, therefore they need to be cognizant of their anniversary dates and program requirements," said Kelly Huynh, EPA's RMP Coordinator.

The penalties were assessed under Section 112(r) of the federal Clean Air Act. Section 112(r) requires the development of Risk Management Programs and submittal of RMPs for all public and private facilities that manufacture, process, use, store, or otherwise handle greater than a threshold amount of a regulated substance(s) within the system. Some of the toxic and flammable chemicals covered by the program are Ammonia, Chlorine, Propane, Sulfur Dioxide, Formaldehyde.

The Risk Management Program requires such elements as development of an emergency response strategy, evaluation of a worst case and more probable case chemical release, operator training, review of the hazards associated with using toxic or flammable substances, operating procedures, and equipment maintenance. RMPs are basically checklists containing the elements of the program that are used by local emergency responders in protecting the public from accidental chemical releases.

There are 477 facilities in Washington, Oregon, Idaho and Alaska that need to meet the RMP and program requirements.

Some examples of covered facilities include :

1) Wastewater/Water Treatment Plants
2) Cold Storage Facilities
3) Refineries
4) Chemical distributors

The following facilities have entered into settlement agreements between September and October of this year, and have corrected their violations:

    • Anchorage WWTP, Anchorage, AK
    • Peter Pan Seafood, King Cove, AK
    • Ekuk Plant, Anchorage, AK
    • D&D Service Inc., Bonners Ferry, ID
    • Bingham Cooperative Inc., Blackfoot, ID
    • Glanbia, Gooding, ID
    • Green Valley Fertilizer Inc., Rigby, ID
    • Paul Chemical & Fertilizer Inc., Rigby, ID
    • Agriliance LLC, Filer, ID
    • Plant Foods Inc., Filer, ID
    • Diamond Center, Hood River, OR
    • Pendleton Flour Mills LLC, Blackfoot, OR
    • Specialty Polymers Products Inc., Woodburn, OR
    • Kanto Corp., Portland, OR
    • Stemilt Miller, Wenatchee, WA
    • Stemilt Beebe, Chelan Falls, WA
    • Stemilt Old Station, Wenatchee, WA
    • Cowichev Growers Inc., Cowiche, WA
    • St. John Grange Supply, Inc., (St. John, Diamond Spear and Pine City, WA)
    • City of Yakima WA
    • Ochoa Ag Unlimited Foods, Inc., Warden, WA
To find out more about the Risk Management Program, see below.

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