4/3/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $6,760. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
AT SOME TIME DURING THE CALENDAR YEARS OF 2010 AND 2009, ARGON WAS PRESENT AT THE FACILITY IN AN AMOUNT EQUAL TO OR GREATER THAN 10,000 POUNDS.
ARGON IS A HAZARDOUS CHEMICAL AS DEFINED BY SECTION 329(5) OF EPCRA, 42 U.S.C. SECTION 11049(5) 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 ARGON TO THE SERC, THE LEPC, AND FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2010 AND 2009 BY MARCH 1 OF THE FOLLOWING YEAR.
EPA ALLEGES THAT RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTION 312 OF EPCRA, AT ITS FACILITY FOR CALENDAR YEARS 2010 AND 2009.