4/17/18 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $107,961. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
BASED ON EPA'S COMPLIANCE MONITORING INVESTIGATION, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CODIFIED RULES GOVERNING THE ACT'S CHEMICAL ACCIDENT PREVENTION PROVISIONS, BECAUSE RESPONDENT DID NOT ADEQUATELY IMPLEMENT PROVISIONS OF 40 CFR PART 68 WHEN IT:
FAILED TO DOCUMENT THAT EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES, AS REQUIRED BY 40 CFR SECTION 68.65(d)(2);
FAILED TO PERFORM INSPECTIONS AND TESTS OF PROCESS EQUIPMENT WITH FREQUENCY CONSISTENT WITH APPLICABLE MANUFACTURERS' RECOMMENDATIONS AND GOOD ENGINEERING PRACTICES, AND MORE FREQUENTLY IF DETERMINED TO BE NECESSARY BY PRIOR OPERATING EXPERIENCE, AS REQUIRED BY 40 CFR SECTION 68.73(d)(3);
FAILED TO CORRECT DEFICIENCIES IN EQUIPMENT THAT ARE OUTSIDE ACCEPTABLE LIMITS (DEFINED BY THE PROCESS SAFETY INFORMATION IN 40 CFR SECTION 68.65) BEFORE FURTHER USE OR IN A SAFE AND TIMELY MANNER WHEN NECESSARY MEANS ARE TAKEN TO ASSURE SAFE OPERATION, AS REQUIRED BY SECTION 48.73(e);
FAILED TO ESTABLISH AND IMPLEMENT WRITTEN PROCEDURES TO MANAGE CHANGES (EXCEPT FOR REPLACEMENTS IN KIND ) TO PROCESS CHEMICALS, TECHNOLOGY, EQUIPMENT, AND PROCEDURES; AND, CHANGES TO STATIONARY SOURCES THAT AFFECT A COVERED PROCESS, AS REQUIRED BY 40 CF SECTION 68.75(a); AND,
FAILED TO ESTABLISH PROCEDURES TO ASSURE MANAGEMENT OF CHAN