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EPA settles with two Idaho facilities for chemical risk management planning violations

Release Date: 09/24/2014
Contact Information: Marianne Holsman, EPA Seattle (206) 553-1237, holsman.marianne@epa.gov

Law intended to inform, protect facilities, communities and first responders

(Seattle, Washington – September 17, 2014) The U.S. Environmental Protection Agency (EPA) has settled with two facilities in Idaho for alleged violations of the federal Clean Air Act Risk Management Program. The settlements include a $83,497 penalty for Pacific Ethanol Magic Valley, LLC and a $101,000 penalty for Land View, Inc.

The federal Clean Air Act (sec. 112r) requires that all public and private facilities that manufacture, process, use, store or otherwise handle flammable gases and toxic chemicals develop Risk Management Plans (RMPs). Facility’s RMPs are then used by local emergency planners and responders to protect the public from accidental releases of toxic gases like chlorine, propane, sulfur dioxide and formaldehyde.

“Risk management planning saves lives,” says Kelly McFadden, manager of EPA’s Pesticides and Toxics Unit in Seattle. “EPA is committed to protecting workers and communities by reducing the likelihood of accidental chemical releases, creating a level playing field for industry and protecting people’s health and the environment.”

The following facilities have settled with EPA and have corrected their violations:

· Pacific Ethanol Magic Valley, LLC, (Burley) - On May 18, 2011, EPA conducted an inspection of Pacific Ethanol Magic Valley, LLC (Pacific Ethanol), a corn-based ethanol production facility located at 2600 Washington Avenue, Burley, Idaho. Pacific Ethanol utilizes more than 20,000 pounds of ammonia (20% concentration or greater) and more than 10,000 pounds of pentane at their facility. EPA’s inspection found several violations of the risk management plan regulations. Penalty: $83,497.

· Land View, Inc. – (RUPERT) - On May 19, 2011, EPA inspected Land View Inc., an agricultural chemical manufacturing facility located at 925 Hwy 24, Rupert, Idaho. Land View utilizes more than 10,000 pounds of anhydrous ammonia and more than 20,000 pounds of ammonia (20% concentration or greater) on site. The EPA inspector found several violations of the risk management plan regulations. Penalty: $101,000

The Risk Management Program requires companies to create an emergency response strategy, evaluate a worst case and probable case chemical release, and develop and implement a prevention program. The prevention program must include operator training, a review of the hazards associated with using toxic or flammable substances, proper operating procedures and equipment maintenance.

For a copy of the Pacific Ethanol CAFO: https://yosemite.epa.gov/OA/rhc/EPAAdmin.nsf/Advanced%20Search/9C8A3A3FC6AFCBD085257D48001BCE33/$File/CAA-10-2014-0117%20cafo%20(2)_OCR.pdf

For a copy of the Land View, Inc. CAFO: https://yosemite.epa.gov/oa/rhc/epaadmin.nsf/Filings/742FC67A6854844885257D2E001BC144?OpenDocument

For more about Risk Management Plans and EPA’s work to prevent accidental releases of toxic gases and chemicals, please visit:
https://www.epa.gov/rmp