1/17/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $7,080. RESPONDENT SHALL MAKE 12 MONTHLY PAYMENTS. THE FIRST PAYMENT IS DUE ON JANUARY 1, 2012, AND THE LAST PAYMENT IS DUE BY DECEMBER 1, 2012.
ORDER ALLEGES:
AT SOME TIME DURING THE CALENDAR YEAR OF 2009 SULFURIC ACID WAS PRESENT AT THE FACILITY IN AN AMOUNT EQUAL TO OR GREATER THAN 500 POUNDS.
SULFURIC ACID IS AN EXTREMELY HAZARDOUS SUBSTANCE AS DEFINED UNDER SECTION 329(3) OF EPCRA, 42 U.S.C. SECTION 11049(c), FOR WHICH RESPONDENT IS REQUIRED TO PREPARE OR HAVE AVAILABLE AN MSDS UNDER OSHA AT ITS FACILITY.
RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR SULFURIC ACID TO THE SERC, THE LEPC, AND FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEAR 2009 BY MARCH 1 OF THE FOLLOWING CALENDAR YEAR.
EPA ALLEGES THAT RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTION 312 OF EPCRA, AT ITS FACILITY FOR CALENDAR YEAR 2009.