2/12/13 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING PENALTY OF $8,600, DUE W/IN 30 DAYS.
ALLEGATIONS:
ON JAN 13, 2010, AN INSPECTION WAS CONDUCTED BY EPA AT RESPONDENT'S FACILITY TO DETERMINE COMPLIANCE WITH SPCC REGS. EPA ALLEGES:
A. 40 CFR 112.7: THIS REG REQUIRES THAT AN SPCC PLAN FOLLOW THE SEQUENCE OF THE RULE OR INCLUDE A DETAILED CROSS-REFERENCE OF REQUIREMENTS IN THE SPCC PLAN WITH THE SPCC RULES. HOWEVER, RESPONDENT'S SPCC PLAN DID NOT FOLLOW THE SEQUENCE OF THE RULE OR INCLUDE A DETAILED CROSS-REFERENCE OF THE REQUIREMENTS IN THE PLAN AS REQUIRED BY 40 CR 112.7.
B. 40 CFR 112.7(b): THIS REG REQUIRES THAT, WHERE EXPERIENCE INDICATES A REASONABLE POTENTIAL FOR EQUIPMENT FAILURE, AN SPECC PLAN MUST PREDICT THE DIRECTION, RATE OF FLOW, AND TOTAL QUANTITY OF OIL WHICH COULD BE DISCHARGED FROM THE FACILITY AS A RESULT OF EACH TYPE OF MAJOR EQUIPMENT FAILURE. HOWEVER, RESPONDENT'S SPCC PLAN DID NOT INLCUDE A PREDITION OF THE RATE OF FLOW FOR THE TOTAL QUANTITY OF OIL THAT COULD BE DISCHARGED FROM EACH TYPE OF MAJOR EQUPMENT FAILURE.
C. 40 CFR 112.7(c): THIS REG, AND 40 CFR 112.7(a)(1), REQUIRES AN SPCC PLAN TO DISCUSS CONTAINMENT METHODS FOR OIL FILLED OPERATIONAL EQUIPMENT AT A FACILITY. HOWEVER, RESPONDENT'S SPCC PLAN DID NOT DISCUSS CONTAINMENT METHODS FOR OIL FILLED PIPING AT ITS FACILITY.
D. 40 CFR 112.7(g): THIS REG REQUIRES AN SPCC PLAN TO DISCUSS SECURITY MECHANISMS FOR ITS FACILITY. SPECIFICALLY, AN SPCC PLAN MUST DESCRIBE HOW A FACILITY SECUR