8/4/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $31,850. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
BASED ON AN RMProgram COMPLIANCE MONITORING INSPECTION CONDUCTED ON MAY 19, 2010, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CODIFIED RULES GOVRNING THE CAA CHEMICAL ACCIDENT PREVENTION PROVISIONS, BECAUSE RESPONDNT DID NOT ADEQUATELY IMPLEMENT A PROVISION OF 40 CFR PART 68 WHEN IT:
FAILED TO DOCUMENT PERSONS RESPONSIBLE FOR IMPLEMENTING INDIVIDUAL RMP REQUIREMENTS, AND DEFINED LINES OF AUTHORITY THROUGH AN ORGANIZATION CHART OR SIMILAR DOCUMENT AS REQUIRED BY 40 CFR SECTION 68.15(c);
FAILED TO CONDUCT A REVIEW OF THE HAZARDS ASSOCIATED WITH THE REGULATED SUBTANCES, PROCESS, AND PROCEDURES AS REQUIRED BY 40 CFR SECTION 68.50(a). AS PART OF SUCH REVIEW, FAILED TO IDENTIFY AND DOCUMENT THE FOLLOWING:
THE HAZARDS ASSOCIATED WITH THE PROCESS AND REGULATED SUBSTANCES AS REQUIRED BY 40 CFR SECTION 68.50(a.)(1),
OPPORTUNITIES FOR EQUIPMENT MALFUNCTIONS OR HUMAN ERRORS THAT COULD CAUSE AN ACCIDENTAL RELEASE AS REQUIRED BY 40 CFR SECTION 68.50(a0(2),
THE SAFEGUARDS USED OR NEEDED TO CONTROL THE HAZARDS OR PREVENT EQUIPMENT MALFUNCTIONS OR HUMAN ERROR AS REQUIRED BY 40 CFR SECTION 68.50(a)(3),
ANY STEPS USED OR NEEDED TO DETECT OR MONITOR RELEASES AS REQUIRED BY 40 CFR SECTION 68.50(a0(4);
FAILED TO PREPARE WRITTEN OPERATING PROCEDURES THAT PROVIDE CLEAR INSTRUCTIONS OR STEPS FOR SAFELY CONDUCTING ACTIVITIES