2/24/09 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $1,200, DUE WITHIN 15 DAYS. ALLEGED VIOLATIONS: EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CAA'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDE EVIDENCE THAT ITS RISK MGMT PLANT (RMPlan) INDICATES THE CORRECT PROGRAM LEVEL FOR THE COVERED PROCESS AS REQUIRED BY 40 CFR 68.160(b)(7). THE CURRENT RMPlan IDENTIFIES THE COVERED PROCESS (PROCESS ID 41565) AS A PROGRAM LEVEL 1 PROCESS. HOWEVER, THE CURRENT PMPlan INDICATES THAT THERE ARE PUBLIC RECEPTORS WITHIN THE DISTANCE TO THE TOXIC ENDPOINT ASSOCIATED WITH A WORST-CASE RELEASE SCENARIO. THUS, THE PROCESS DOES NOT SATISFY THE PROGRAM LEVEL 1 CRITERIA.
ALSO RESPONDENT FAILED TO REVIEW, UPDATE, AND SUBMIT A RMPlan ON OR BEFORE ITS APPLICABLE DUE DATE AS REQUIRED BY THE CHEMICAL ACCIDENT PREVENTION PROGRAM REGULATIONS PROMULGATED AT 40 CFR 68.190(b)(1) UNDER SECTION 112(r) OF THE ACT. THE DONALD M. REED FILTER PLANT'S RMPlan WAS DUE FOR AN UPDATED SUBMISSION ON AUGUST 22, 2008. AS OF JANUARY 7, 2009, RESPONDENT HAD NOTUPDATED THE RMPlan FOR THE PLANT.