EPA v. WINFIELD SOLUTIONS, LLC

Case summary

Respondent failed to submit a Risk Management Plan for the Facility, in violation of Section 112(r)(7)(E) of the Clean Air Act, 42 U.S.C. ? 7412(r)(7)(E), and 40 C.F.R. ?? 68.12(a) and 68.150. The EPA reviewed Respondent?s EPCRA hazardous chemical inventory forms for the Facility and gathered other information to determine compliance with Section 112(r) of the CAA and the chemical accident prevention provisions of 40 C.F.R. Part 68. Information gathered during the EPA investigation revealed that the Respondent has greater than 20,000 pounds of aqueous ammonia in concentrations of 20% or greater in a process at its Facility and is subject to Program 2 prevention requirements. In 2015, a separate but related company deregistered the RMP for the facility because it installed two aqueous ammonia storage vessels, each with a capacity less than the regulatory threshold. However, EPA determined that the vessels are adjacent to one another (also known as ?co-located?) such that an accident could impact and cause a release from both of them. Therefore, the vessels are a single ?process? subject to the RMP regulations. EPA and Winfield Solutions agreed to a civil penalty of $83,975.

Defendants (1)

• WINFIELD SOLUTIONS, LLCNamed in complaintNamed in settlement

Facilities (1)

• WINFIELD SOLUTIONS

  510 E. TRAIL STREET, DODGE CITY, KS, 67801

  Registry ID: 110042169952

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• WINFIELD SOLUTIONS, LLCentered 2021-04-14

  Primary law: CAA

  Federal penalty: $83,975

Timeline (4 milestones)

• 2021-03-29Complaint Filed/Proposed Order
• 2021-03-30Enforcement Action Data Entered
• 2021-04-14Final Order Issued
• 2021-04-28Enforcement Action Closed