# BENJAMIN MOORE & CO.
> **Administrative - Formal** · FY2015 · — · Final Order With Penalty
## Case
- **Activity ID:** `3600023020`
- **Case Number:** 04-2015-1501
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** —
## Defendants
- BENJAMIN MOORE & CO. (complaint) (settlement)
## Summary

11/24/14 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $47,600. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.

ORDER ALLEGES:
BASED ON AN RMPROGRAM COMPLIANCE MONITORING INVESTGATION  INITIATED BY EPA ON JULY 25-26, 2013, 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 ANALYZE AND REPORT THE ONE WORST-CASE RELEASE SCENARIO THAT IS ESTIMATED TO CREATE THE GREATEST DISTANCE IN ANY DIRECTION TO AN ENDPOINT AS REQUIRED BY 40 CFR SECTION 68.25(a)(2)(i);

FAILED TO DETERMINE THE WORST-CASE RELEASE QUANTITY USING THE GREATEST AMOUNT HELD IN A SINGLE VESSEL AS REQUIRED BY 40 CFR SECTION 63.25(b)(1);

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 CERTIFY ANNUALLY THAT OPERATING PROCEDURES ARE CURRENT AND ACCURATE AS REQUIRED BY 40 CFR SECTION 68.69(c);

FAILED TO PERFORM A PRE-STARTUP SAFETY REVIEW THAT CONFIRMS CONSTRUCTION AND EQUIPMENT IS IN ACCORDANCE WITH DESIGN SPECIFICATIONS AS REQUIRED BY 40 CFR SECTION 68.77(b)(1);

FAILED TO DOCUMENT RESOLUTIONS AND CORRECTIVE ACTIONS OF THE INCIDENT REPORT FINDINGS AND RECOMMENDATIONS AS REQUIRED BY 40 CFR SECTION 68.81(e).

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*