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6. Section 112(r)(7)(E) of the CAA, 42 U.S.C. § 7412(r)(7)(E), makes it unlawful for any <br /> person to operate a regulated stationary source in violation of any applicable regulation or <br /> requirement imposed under CAA § 112(r). <br /> C. GENERAL ALLEGATIONS <br /> 7. Section 113(d) of the CAA, 42 U.S.C. § 7413(d), authorizes the assessment of a civil <br /> penalty for each day of violation of Section 112(r)(7) of the CAA, 42 U.S.C. <br /> § 7412(r)(7). <br /> 8. Under EPA delegation 7-6-A, dated August 4, 1994, the EPA Administrator delegated <br /> authority to the Regional Administrators to assess penalties and issue orders or <br /> complaints under Section 113(d) of the CAA, 42 U.S.C. § 7413(d), and to sign consent <br /> agreements memorializing settlements. The Regional Administrator, EPA Region IX, in <br /> turn, redelegated that authority to the Director of the Superfund Division with delegation <br /> R9 1265.05A, dated August 14, 2003. <br /> 9. Respondent operates a food storage and distribution facility located at 251 D'Arcy <br /> Parkway, in San Joaquin County, Lathrop, California(the "Facility"). <br /> 10. The Facility uses anhydrous ammonia in its refrigeration system. <br /> 11. In June of 1999, the refrigeration contractor employee by the Facility installed an initial <br /> charge of 16,000 pounds of anhydrous ammonia to the refrigeration system at the <br /> Facility. <br /> 12. In a letter dated December 14, 2007, Respondent voluntarily disclosed to EPA that it had <br /> not submitted an RMP by June 21, 1999, as required by Section 112(r)(7) of the CAA, 42 <br /> U.S.C. § 7412(r)(7), and 40 CFR Part 68. <br /> 3 <br /> CA/FO Provena Foods,dba Swiss American Sausage Co.,Lathrop,CA <br />