5/7/2018 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $43,184. 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 COMPILE WRITTEN PROCESS SAFETY INFORMATION FOR THE EQUIPMENT IN THE PROCESS INCLUDING A PIPING AND INSTRUMENT DIAGRAM, AS REQUIRED BY 40 CFR SECTION 68.65(d)(1)(ii);
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 ESTABLISH A SYSTEM TO PROMPTLY ADDRESS THE TEAMS'S FINDINGS AND RECOMMENDATIONS OF THE PROCESS HAZARD ANALYSIS (PHA); ASSURE THAT THE RECOMMENDATIONS ARE RESOLVED IN A TIMELY MANNER AND THAT THE RESOLUTION IS DOCUMENTED; DOCUMENT WHAT ACTIONS ARE TO BE TAKEN; COMPLETE ACTIONS AS SOON AS POSSIBLE; DEVELOP A WRITTEN SCHEDULE OF WHEN THESE ACTIONS ARE TO BE COMPLETED; AND COMMUNICATE THE ACTIONS TO OPERATING, MAINTENANCE AND OTHER EMPLOYEES WHOSE WORK ASSIGNMENTS ARE IN THE PROCESS AND WHO MAY BE AFFECTED BY THE RECOMMENDATIONS OR ACTIONS, AS REQUIRED BY 40 CFR SECTION 68.67(e);
FAILED TO REVIEW OPERATING PROCEDURES AS OFTEN AS NECESSARY AND TO ANNUALLY CERTIFY THAT THE OPERATING PROCEDURES ARE CURRENT AND ACCURATE, AS REQUI