EPA v. Sherman County Farm Chemicals & Fertilizer Co. Inc

Case summary

On September 1, 2020, Region 10 entered a consent agreement and final order with Sherman County Farm Chemical & Fertilizer Co. (Sherman County Farm Chemical) to resolve violations of CAA 112(r) risk management program requirements at their anhydrous ammonia storage facility located in Wasco, Oregon. Since 1999, Sherman County Farm Chemical has stored anhydrous ammonia above the Risk Management Plant (RMP) threshold of 10,000 pounds. The Region alleged that Sherman County Farm Chemical failed to timely address risk management program requirements under CAA 112(r)(7) and 40 C.F.R. Part 68 that apply to their storage facility. Sherman County Farm Chemical did not adequately consider different accidental release scenarios during anhydrous ammonia loading and unloading at the facility; address known hazards, including aging and out-of-date equipment; maintain written instructions for emergency shutdown, operation, and inspection of equipment; train and test employee for anhydrous ammonia handling competency; and perform required inspection and maintenance on existing process equipment. Compliance with risk management program requirements ensures the safe handling, storage, maintenance, and functional integrity of the pressure vessels of anhydrous ammonia stored at the facility. Under the terms of the agreement, Sherman County Farm Chemical paid a penalty of $146,000.

Defendants (1)

• Sherman County Farm Chemicals & Fertilizer Co. IncNamed in complaintNamed in settlement

Facilities (1)

• SHERMAN FARM CHEMICALS AND FERTILIIZER

  1120 OR-206, WASCO, OR, 97065

  Registry ID: 110072153054

Statutes cited

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

Enforcement conclusions (1)

• Sherman County Farm Chemicals & Fertilizer Co. Incentered 2020-09-01

  Primary law: CAA

  Federal penalty: $146,000

Timeline (4 milestones)

• 2020-06-10Enforcement Action Data Entered
• 2020-09-01Complaint Filed/Proposed Order
• 2020-09-01Final Order Issued
• 2020-09-17Enforcement Action Closed