# - Proposed Penalty Matrix for Risk Management Program in North Dakota

68.25

68.28

68.30

68.33

68.36 Failure to properly analyze offsite consequences using the standards given in this chapter.

Failure to submit or use the worst case scenario that is estimated to create the greatest distance in any directionto an end-point provided in appendix A ofthis chapterfor**;~nhvrlrmJc;.** ammonia. Failure to identify and properly analyze at least one alternative scenario for each process of anhydrous ammonia located at the facility. Failure to properly estimate the population withinthe diameterofthe facility's worst-case scenario. The owneror operatorfailed to define offsite environmental impacts ofthe facility within the worst-case scenario diameter. Failure to have up-to-date and reviewed hazardous assessment every five years, and make the appropriate changes tothe risk management plan. 

### 68.39 All required documentation ofthe hazardous assessment is not properly maintained for review. 

### 68.42 Failure to keep afive year accident history record with all required data associated with the accidents in the last five years. -Warning 

### 2"'- $1,000 3''- $4,000 Warning 

### 2"'- $1,000 

### 3''- -Warning 

### 2"'- $250 3rd

_



### $1,000 2"'- $2,500 3''- $10,000 1-·-:;,I,UUU 

### 2"'-$2,500 3''-$10,000 1 

### 2"'-$1,000

2"'-$500 3''-1,000 2"'-$1,000

### 68.48 

### Failure to have all required up-to-date safety information. 1"- Warning 1"-$250 2"'- $250 2"'-$500 3''-$1,000 3''-1,000 68.50 

### Failure to have a properhazard review ofall associated hazards ofworking with anhydrous 1"- Warning 1"-$500 ammonia. 2"'- $1,000 2"'-$1,000 3''- $4,000 3''-$4,000 68.52 

### Failure to have all required elementsofthe facility's operating procedures included in the 1"- Warning 1"-$500 risk management plan. 2"'- $1,000 2"'-$1,000 3''- $4,000 3''-$4,000 . 

### 68.54 

### Failure to have all employees adequatelytrained in all work and safety associated practices 1"- Warning 1"-$500 with anhydrous ammonia and its hazards. 2"'- $1,000 2"'-$1,000 3''- $4,000 3''-$4,000 68.56 

### Failure to implement an ongoing plan for maintenance on the facility to help prevent 1"- Warning 1"-$500 accidental releases. 2"'- $1,000 2"'-$1,000 3''- $4,000 3''-$4,000 68.58 

### Failure to complete compliance audits to verifythe process orprocessesare in compliance 1"- Warning 1"-$250 with this chapter. All changes and alterations must be documented. 2"'- $250 2"'-$500 3''-$1,000 3''-1,000 68.60 

### Failure to adequately investigate an incidentthatresulted orcould have resulted in 1"- $1,000 1"-$1,000 catastrophic release. 2"'- $2,500 2"'-$2,500 3''- $10,000 3''-$10,000 68.95 

### Failure to have a sufficient emergency response plan in place in the caseofan accidental 1"- $1,000 1"-$1,000 release ofanhydrous ammonia. 2"'- $2,500 2"'-$2,500 3''- $10,000 3"'-$10,000 68.160 

### Failure ofthe owneroroperatorto complete a single registration form and include it in the 1"- Warning 1"-$250 RMP, with all the regulated substancescovered in a process. 2"'- $250 2"'-$500 3''- $1,000 3''-1,000 68.190 

### Failure oftheowneroroperatorto updatethe RMP ofall covered processes at least every 1"- Warning 1"-$250 five years. 2"'- $250 2"'-$500 3''- $1,000 3''-1,000 68.195 

### Failure to correct all information within the given time ofthis chapterfor emergencycontacts 1"- Warning 1"-$500 and any information related to accidents within the five years ofrequired history. 2"'- $1,000 2"'-$1,000 3''- $4,000 3''-$4,000

- ·-NOTE: Facilities with violations will be given an initial penalty and a timelineto come into compliance. Daily penalties will be levied only when firms fail to come into compliance bythe established timelines. All enforcement actions may be a monetaryvalue along with a cease and desist order until the proper corrections have been made tothe RMP or process. Any chapterthat is violated four or more times within five years will be assessed the maximum penalty often thousand dollars per day until the violation(s) are corrected. The enforcement value ofthis penalty matrix is the maximum penaltythat may be assessed for each violation, allowing the North Dakota Department ofAgriculture to adjust the final enforcement action based on the following factors ofthe violation: 1. The willfulness oftheviolation; 2. The gravity ofthe violation, including the risk ofadverse effectsto human health orthe environment. 3. The history of past violations; 4. The number ofviolations; 5. The economic benefit gained by the person by allowing orcommitting the violation; 6. The person's cooperation and prompt remediation or lack thereof; 7. The effect the penalty may have on the person's ability to continue in business; and 8. Otherfactors asjustice may require, ifthe agriculture commissioner specifically identifies the additional factors in the findings offact, conclusions of law and final order.

40 CFR Part 68.15 states that the management ofafacility shall be designated to a qualified person or position that has overall responsibility for the development, implementation, and integration ofthe risk management program elements. This penalty matrix reflects the processes that are currently considered Program 2 processes.