4/25/19 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $8,500.
ALLEGATIONS:
BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT RESPONDENT'S FACILITY ON DEC 12, 2018, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CAA'S CHEMICAL ACCIDENT PREVENTION PROVISIONS, WHEN AT THE TIME OF INSPECTION, RESPONDENT DID NOT PROVIDE EVIDENCE THAT:
- IT DEVELOPED A MANAGEMENT SYSTEM TO OVERSEE THE IMPLEMENTATION OF THE CAA 112(r) RMP ELEMENTS, AS REQUIRED BY 40 CFR 68.15(a).
- IT ESTABLISHED AND ANALYZED ONE WORST-CASE SCENARIO THAT IS ESTIMATED TO CREATE THE GREATEST DISTANCE TO ANY DIRECTION TO AN ENDPOINT DEFINED IN APPENDIX A RESULTING FROM AN ACCIDENTAL RELEASE OF REGULATED TOXIC SUBSTANCE AS REQUIRED BY 40 CFR 68.25(a)(2)(i).
- IT DETERMINED THE VOLATILIZATION RATE OF TOXIC LIQUID BY ACCOUNTING FOR THE HIGHEST DAILY MAXIMUM TEMPERATURE IN THE PAST THREE YEARS, THE TEMPERATURE OF THE SUBSTANCE IN THE VESSEL, AND THE CONCENTRATION OF THE SUBSTANCE IF THE LIQUID SPILLED IS A MIXTURE OR SOLUTION, AS REQUIRED BY 40 CFR 68.25(d)(2).
- IT IDENTIFIED THE PRESENCE OF INSTITUTIONS, PERKS, AND RECREATIONAL AREAS, MAJOR COMMERCIAL OFFICE, AND INDUSTRIAL BUILDINGS IN THE RISK MANAGEMENT PLAN, AS REQUIRED BY 40 CFR 68.30(b).
- IT MAINTAINED THE RECORDS FOR ALTERNATIVE RELEASE SCENARIOS: A DESCRIPTION OF THE SCENARIOS IDENTIFIED, ASSUMPTIONS AND PARAMETERS USED, THE RATIONALE FOR THE SELECTION OF SPECIFIC SCENARIOS, AND ANTICIPATED EFFECT OF THE ADMINISTRATIVE CON