4/19/16 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING ATOTAL PENALTY OF $64,090(CERCLA VIOLATION - $11,505 AND EPCRA VIOLATIONS - $52,585).
ORDER ALLEGES:
VIOLATION OF SECTION 103(a)
ON APRIL 1, 2015, A RELEASE OF METHANOL ABOVE THE RQ OCCURRED AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 103(a) OF CERCLA, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF METHANOL IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY.
VIOLATIONS OF SECTION 304(a) OF EPCRA
ON APRIL 1, 2015, A RELEASE OF METHANOL ABOVE THE RQ OCCURRED AT THE FACILITY. EPA ALLEGES THAT THE RELEASE RESULTED IN THE POTENTIAL FOR EXPOSURE TO PERSONS BEYOND THE SITE OR SITES ON WHICH THE FACILITY IS LOCATED.
EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(a) OF EPCRA, BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF METHANOL IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.
VIOLATIONS OF SECTION 312 OF EPCRA
AT SOME TIME DURING CALENDAR YEARS 2014, 2013, AND 2012, METHANOL WAS PRESENT AT THE FACILITY IN AN AMOUNT EQUAL TO OR GREATER THAN 10,000 POUNDS.
RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR METHANOL TOTHE SERC, THE LEPC, AND FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2014, 2013, AND 2012,