3/2/17 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $49,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
BASED ON THE FACTS ALLEGED, AND CONSIDERATION OF THE INFORMATION SUBMITTED TO THE EPA IN RESPONSE TO THE NOPV, THE EPA ALLEGES THAT RESPONDENT VIOLATED THE CODIFIED RULES OF 40 CFR, PART 68, GOVERNING THE ACT'S CHEMICAL ACCIDENT PREVENTION PROVISIONS WHEN IT:
FAILED TO UPDATE AND REVALIDATE THE DISTRIBUTION CENTER COVERED PROCESS PHA AT LEAST EVERY FIVE YEARS AS REQUIRED BY 40 CFR SECTION 68.67(f);
FAILED TO RETAIN DOCUMENTATION FOR DISTRIBUTION CENTER PHA RECOMMENDATION RESOLUTIONS FOR THE LIFE OF THE COVERED PROCESS AS REQUIRED BY 40 CFR SECTION 68.67(g);
FAILED TO DOCUMENT THE MEANS IT USED TO VERIFY THAT EACH EMPLOYEE OPERATING THE STATIONARY SOURCE PROCESSES UNDERSTOOD THE REQYIRED TRAINING COVERING AN OVERVIEW OF THE PROCESSES AND THE ASSOCIATED OPERATING PROCEDURES AS REQUIRED BY 40 CFR SECTION 68.71(c);
FAILED TO DOCUMENT EACH INSPECTION AND TEST PERFORMED ON THE DISTRIBUTION CENTER RMPROGRAM EQUIPMENT AS REQUIRED BY 40 CFR SECTION 68.73(d)(4);
FAILED TO DEMONSTRATE THAT APPROPRIATE CHECKS AND INSEPCTIONS WERE PERFORMED TO ASSURE THAT THE DISTRUBTION CENTER RMPROGRAM EQUIPMENT WAS INSTALLED PROPERLY AND CONSISTENT WITH DESIGN SPECIFICIIATIONS AND THE MANUFACTURER'S INSTRUCTIONS AS REQUIRED BY 40 CFR SECTION 68.73(f)(2);
FAILED TO DOCUMENT THAT IT HAD IMPLEMENTED APPROPRIATE RESPONSES TO EACH OF THE FI