9/3/2014 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $39,200. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
BASED ON AN RMPROGRAM COMPLIANCE MONITORING INVESTIGATION CONDUCTED BY EPA ON FEBRUARY 20, 2013, AT THE CARSON FILTER, FEBRUARY 21, 2013, AT THE PUTNUM FILTER PLANT; AND FEBRUARY 22, 2013, AT THE WESTERN FILTER PLANT, 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:
H.Y. CARSON PLANT
1. FAILURE TO DOUCMENT OTHER PERSONS RESPONSIBLE FOR IMPLEMENTING INDIVIDUAL REQUIREMENTS OF THE RISK MANAGEMENT PROGRAM AND DEFINE THE LINES OF AUTHORITY THROUGH AN ORGANIZATION CHART OR SIMILAR DOCUMENT AS REQUIRED BY 40 CFR SECTION 68.58(g);
2. FAILURE TO TRAIN OR CAUSED TO BE TRAINED EACH NEW EMPLOYEE, INOVLVED IN MAINTAINING THE ON-GOING MECHANICAL INTEGRITY OFTHE PROCESS, IN THE HAZARDS OF THE PROCESS, IN HOW TO AVOID OR CORRECT UNSAFE CONDITIONS, AND IN THE PROCEDURES APPLICABLE TO THE EMPLOYEE'S JOB TASKS AS REQUIRED BY 40 CFR SECTION 68.56(b);
3. FAILURE TO USE A WRITTEN PLAN THAT COMPLIES WITH OTHER FEDERAL CONTINGENCY PLAN REGULATIONS OR IS CONSISENT WITH THE APPROACH IN THE NATIONAL RESPONSE TEAM'S INTEGRATED CONTINGENCY GUIDANCE ( ONE PLAN ) AS REQUIRED BY 40 CFR SECTION 68.95(b);
4. FAILURE TO PROVIDE IN THE RMP, INFORMATION ON MITIGATION SYSTEMS IN USE AS REQUIRED B