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Kemps, LLC agrees to resolve risk management violation at Fargo, North Dakota dairy processing facility

Release Date: 09/15/2014
Contact Information: Richard Mylott, U.S. EPA, 303-312-6654; David Cobb, U.S. EPA, 303-312-6592

(Denver, Colo. - September 15, 2014) The U.S. Environmental Protection Agency announced today that Kemps, LLC has agreed to pay a civil penalty of $57,000 to resolve Clean Air Act violations associated with the company’s failure to submit a risk management plan at its facility at 200 20^th street in Fargo, North Dakota.

Today’s agreement resolves the company’s alleged 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.

The establishment of effective risk management plans helps companies, industries and municipalities operate responsibly, assists emergency responders by providing vital information necessary to address accidents and other incidents, protects the environment by preventing and minimizing damage from accidental releases, and keeps communities safer.

For more information on the Clean Air Act and risk management requirements: https://www.epa.gov/oem/content/rmp/caa_faqs.htm