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R <br /> is organized under the laws of the state of California and is a wholly-owned subsidiary of <br /> Hormel Food Corporation. <br /> 2. This CA/FO,pursuant to 40 CFR§§ 22.13(b) and 22.18(b), simultaneously commences <br /> and concludes this proceeding,wherein EPA alleges that Respondent violated Section <br /> 112(r)(7) of the CAA,42 U.S.C. § 7412(r)(7), and its implementing regulations. <br /> B. STATUTORY AND REGULAtORY FRAMEWORK <br /> 3. Section 112(r)(7) of the CAA,42 U.S.C. § 7412, and 40 CFR Part 68 require owners or <br /> operators of stationary sources at which regulated substances are present in more than a <br /> threshold quantity to prepare'and implement a risk management plan("RMP"). RMPs <br /> must include a hazard assessment, a program for preventing accidental releases, and a <br /> program for responding to accidental releases. <br /> 4. Section 112(r)(7) of the CAA, 42 U.S.C. § 7412(r)(7), and 40 CFR§ 68.150 require the <br /> owner or operator of a stationary source to submit a single RMP (for all covered <br /> processes)to a central point as specified by EPA(EPA has specified that the Risk <br /> Management Plan Reporting Center in Maryland will be the central point), no later than <br /> the latest of the following dates: (1)June 21, 1999; (2)three years after the date on <br /> which a regulated substance is first listed under 40 CFR § 68.130; or(3)the date on <br /> which a regulated substance is first present above a threshold quantity in a process. <br /> 5. Section 112(r)(7) of the CAA,42 U.S.C. § 7412(r)(7), and 40 CFR § 68.190 require <br /> owners or operators of stationary sources to update and re-submit their RMPs at least <br /> every five years,or sooner if applicable. <br /> 2 <br /> CA/FO Provena Foods,dba Swiss American Sausage Co.,Lathrop,CA <br />