EPA v. Colorado Premium Race Court

Case summary

The U.S. Environmental Protection Agency (EPA) today announced a Clean Air Act settlement in which Colorado-based K2D, Inc., Colorado Premium Cold Storage (Colorado Premium) has agreed to pay a $156,081 penalty and address violations of risk management requirements at its cold storage facility in northeast Denver. The company has corrected all identified deficiencies and has also agreed to improve the maintenance of process equipment to reduce the possibility of an accidental release of hazardous chemicals at the facility. This case is part of EPA?s National Compliance Initiative to reduce risks from chemical accidents, and it addresses compliance within an industrial sector? ammonia refrigeration ? which can pose serious risks from such accidents. The settlement, filed as a Consent Agreement signed on Sept. 3, 2020, resulted from a 2018 EPA inspection at the Colorado Premium facility that revealed several Clean Air Act Risk Management Program violations related to the management of anhydrous ammonia, including deficiencies associated with safety and emergency contact information, hazard analysis, mechanical integrity, operating procedures, and compliance audits. The Colorado Premium facility is subject to Clean Air Act risk management regulations because it processes large quantities of anhydrous ammonia, a hazardous substance that is highly corrosive to the skin, eyes and lungs. Section 112(r) of the Clean Air Act requires facilities holding more than 10,000 pounds of ammonia to develop a risk management program and submit a plan to EPA. ?This agreement will improve the safety of those who live and work in northeast Denver for years to come,? said EPA Region 8 Enforcement Director Suzanne Bohan. ?Colorado Premium has taken the necessary steps to improve the management of ammonia at their facility and reduce the hazards of toxic chemicals to workers, the public, and the surrounding community.?

Defendants (1)

• K2D, INC., DBA COLORADO PREMIUM COLD STORAGENamed in complaintNamed in settlement

Facilities (1)

• COLORADO PREMIUM RACE COURT

  5120 RACE COURT, DENVER, CO, 80216-2135

  Registry ID: 110000466923

Statutes cited

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

Enforcement conclusions (1)

• Colorado Premium Race Courtentered 2020-09-03

  Primary law: CAA

  Federal penalty: $156,081

Timeline (4 milestones)

• 2020-09-03Final Order Issued
• 2020-09-03Complaint Filed/Proposed Order
• 2020-09-23Enforcement Action Data Entered
• 2020-09-23Enforcement Action Closed