9/14/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $21,700, DUE WITHIN 30 DAYS.
ALLEGATIONS:
BASEDON ON AN RMPPROGRAM COMPLIANCE MONITORING INSPECTION CONDUCTED ON JULY 28, 2009, EPA ALLEGES THAT RESPONDENT VIOLATED THE CONDIFIED RULES GOVERNING THE CAA CHEMICAL ACCIDENT PREVENTION PROVISIONS, BECAUSE RESPONDENT DID NOT ADEQUATELY IMPLEMENT A PROVISION OF 40 CFR PART 68 WHEN IT:
- FAILED TO COMPLETE ITS 2005 PHA ACTION ITEMS AS SOON AS POSSIBLE, AND DOCUMENTED PHA ACTION ITEM CLOSURE REQUIRED BY 40 CFR 68.67(e);
- FAILED TO ANNUALLY CERTIFY THAT ITS OPERATING PROCEDURES ARE CORRECT AND ACCURATE AS REQUIRED BY 40 CFR 68.69(c); AND
- FAILED TO CONDUCT COMPLIANCE EVALUATIONS, AT LEAST EVERY THREE YRS, AND BASED ON SUCH EVLUATIONS, CERTIFED THAT ITS ACCIDENT PREVENTION PROCEDURES AND PRACTICES ARE ADEQUATE AND ARE BEING FOLLOWED AS REQUIRED BY 40 CFR 68.79(a).