8/21/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $8,225. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
BASED ON AN RMPROGRAM COMPLIANCE MONITORING INVESTIGATION INITIATED ON MARCH 7, 2012, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CODIFIED RULES GOVERNING THE CAA CHEMICAL ACCIDENT PREVENTION PROVISIONS, BECAUSE RESPONDENT DID NOT ADEQUATELY IMPLEMENT PROVISIONS OF 40 CFR PART 68 WHEN IT:
FAILED TO DEVELOP AND IMPLEMENT WRITTEN OPERATING PROCEDURES THAT ADDRESS STARTUP FOLLOWING A TURNAROUND, OR AFTER AN EMERGENCY SHUTDOWN AS REQUIRED BY 40 CFR SECTION 68.69(a)(1)(vii); AND
FAILED TO MAINTAIN ANNUAL PROCEDURE CERTIFICATION RECORDS REQUIRED UNDER 40 CFR SECTION 68.69(c), FOR FIVE YEARS AS REQUIRED BY 40 CFR SECTION 68.200.