EPA v. Universtiy of Alaska, Fairbanks

Case summary

On December 11, 2019, Region 10 entered a consent agreement and final order to resolve violations of CAA 112(r) risk management program requirements. University of Alaska, Fairbanks (UAF) owns and operates a combined heat and power plant located in Fairbanks, Alaska. UAF had been storing aqueous ammonia above the Risk Management Plan (RMP) threshold of 20,000 pounds since 2004. UAF was therefore required to develop and implement an RMP in order to detect and prevent or minimize accidental releases of regulated substances and to provide a prompt emergency response to any such release in order to protect human health and the environment. Upon discovery of the violation, UAF removed enough aqueous ammonia from their facility to fall below the threshold requirement and was therefore no longer subject to the RMP provisions after October 2016. In response to EPA?s Information Request, UAF provided records that established UAF stored aqueous ammonia above the threshold quantity of 20,000-pounds from at least December 2014 to October 2016. Based upon a review of all the documents UAF provided, EPA determined that UAF had six different violations of 40 C.F.R. Part 68. Specifically, UAF did not (1) have a risk management system in place; (2) complete a hazard assessment, which looks at the worst case consequences of a release; (3) conduct a hazard review to determine how to avoid or mitigate potential hazards; (4) meet employee training requirements for operating procedures; (5) conduct adequate maintenance on ammonia process equipment; and (6) coordinate with local emergency responders with respect to its ammonia process. Under the terms of the agreement, UAF paid a penalty of $74,051.

Defendants (1)

• Universtiy of Alaska, FairbanksNamed in complaintNamed in settlement

Facilities (2)

• UNIVERSITY OF ALASKA FAIRBANKS

  802 ALUMNI DRIVE, FAIRBANKS, AK, 99775-7390

  Registry ID: 110025212375

• UNIVERSITY OF ALASKA FAIRBANKS

  802 ALUMNI DRIVE, FAIRBANKS, AK, 99775-7390

  Registry ID: 110025212375

Statutes cited

• CAA 114 — Record keeping, Inspection, Information Request
• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• Universtiy of Alaska, Fairbanksentered 2019-12-11

  Primary law: CAA

  Federal penalty: $74,051

Timeline (4 milestones)

• 2019-11-18Enforcement Action Data Entered
• 2019-12-11Complaint Filed/Proposed Order
• 2019-12-11Final Order Issued
• 2020-01-09Enforcement Action Closed