2/2/16 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $26,250. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP.
ORDER ALLEGES:
BASED ON AN RMPROGRAM COMPLIANCE MONITORING INVESTIGATION INITIATED BY EPA ON MAY 20, 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 ESTIMATE THE POPULATION THAT WOULD BE INCLUDED IN THE DISTANCE TO THE ENDPOINT BASED ON A CIRCLE WITH THE POINT OF RELEASE AT THE CENTER WHEN DEFINING OFFSITE IMPACTS AS REQUIRED BY 40 CFR SECTION 68.30(a);
FAILED TO IDENTIFY ENVIRONMENTAL RECEPTORS THAT WOULD BE INCLUDED IN THE DISTANCE TOTHE ENDPOINT BASED ON A CIRCLE WITH THE POINT OF RELEASE AT THE CENTER WHEN DEFINING OFFSITE IMPACTS AS REQUIRED BY 40 CFR SECTION 68.33(a);
FAILED TO DOCUMENT SAFE UPPER AND LOWER LIMITS FOR SUCH ITEMS AS TEMPERATURES, PRESSURES, FLOWS OR COMPOSITIONS AS REQUIRED BY 40 CFR SECTION 68.65(c)(1)(iv);
FAILED TO DOCUMENT PIPING INFORMATION AND INSTRUMENTATION DIAGRAMS PERTAINING TO EQUIPMENT IN THE PROCESS AS REQUIRED BY 40 CFR SECTION 68.69(a)(2)(i);
FAILED TO ADDRESS CONSEQUENCES OF DEVIATIONS FROM OPERATING LIMITS IN THE WRITTEN OPERATING PROCEDURES AS REQUIRED BY 40 CFR SECTION 68.69(a)(2)(i);
FAILED TO ADDRESS STEPS TO CORRECT OR AVOID DEVIATIONS FROM OPERATING LIMITS IN THE