By failing to submit a risk management plan, Kemps, LLC agreed to pay a civil penalty of $57,000 to resolve Clean Air Act violations at its facility in Fargo, North Dakota, officials said.
The agreement with the Environmental Protection Agency (EPA) resolves the company’s violation of the risk management provisions of the Clean Air Act, which requires facilities that store chemicals in amounts exceeding regulatory thresholds to develop and submit a risk management plan.
These plans assist with emergency preparedness, chemical release prevention, and the minimization of any releases that do occur.
“Risk management plans protect communities by ensuring facilities have up-to-date procedures in place to prevent and respond to potential releases of the toxic chemicals they use,” said Suzanne Bohan, EPA’s enforcement program director in Denver. “Kemps has cooperated with EPA in resolving this matter and submitted a viable plan earlier this year.”
The Kemps dairy processing facility in Fargo is subject to the risk management provisions of the Clean Air Act due to its on-site quantity of anhydrous ammonia, a toxic chemical, which exceeds the regulatory threshold of 10,000 pounds. The company has since corrected the violation by submitting a risk management plan for the facility.