11/5/2014 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $50,400. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
BASED ON AN RMProgram COMPLIANCE MONITORING INVESTIGATION INITITATED BY EPA ON JULY 22-24, 2013, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CODIFIED FULES GOVERNING THE CAA CHEMICAL ACCIDENT PREVENTION PROVISIONS, BECAUSE RESPONDENT DID NOT ADEQUATELY IMPLEMENT PROVISIONS OF 40 CFR PART 68 WHEN IT:
FAILED TO INCLUDE IN THE PROCESS SAFETY INFORMATION, AN EVALUATION OF THE CONSEQUENCES OF DEVIATION AS REQUIRED BY 40 CFR SECTION 68.65(c)(1)(v);
FAILED TO INCLUDE IN THE PROCESS SAFETY INFORMATION, PIPING AND INSTRUMENT DIAGRAMS FOR INFORMATION PERTAINING TO THE EQUIPMENT IN THE PROCESS AS REQUIRED BY 40 CFR SECTION 68.65(d)(1)(ii);
FAILED TO ESTABLISH A SYSTEM TO PROMPTLY ADDRESS THE PROCESS HAZARD ANALYSIS TEAM'S FINDINGS AND RECOMMENDATIONS; ASSURE THAT THE RECOMMENDATIONS ARE RESOLVED IN A TIMELY MANNER AND THAT THE RESOLUTION IS DOCUMENTED; DOCUMENT WHAT ACTIONS ARE TO BE TAKEN; COMPLETE ACTIONS AS SOON AS POSIBLE; DEVELOP A WRITTEN SCHEDULE OF WHEN THESE ACTIONS ARE TO BE COMPLETED; COMMUNICATED THE ACTIONS TO OPERATING, MAINTENANCE AND OTHER EMPLOYEES WHOSE WORK ASSIGNMENTS ARE IN THE PROCESS AND WHO MAY BE AFFECTED BY THE RECOMMENDATIONS OR ACTIONS AS REQUIRED BY 40 CFR SECTION 68.67(e);
FAILED TO UPDATE AND REVALIDATE THE PROCESS HAZARD ANALYSIS AT LEAST EVERY FIVE (5) YEARS AS REQUIRED BY 40 CFR SECTI