3/3/2021 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $32,844.00. PENALTY DUE WITHIN 30 DAYS.
ALLEGED VIOLATIONS:
AS A LIMITED LIABILITY COMPANY, RESPONDENT IS A ?PERSON? AS DEFINED IN SECTION 302(E) OF THE ACT, 42 U.S.C. ? 7602(E). BASED ON EPA?S COMPLIANCE MONITORING INVESTIGATION, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED 40 C.F.R. PART 68, THE CODIFIED RULES GOVERNING THE ACT?S CHEMICAL ACCIDENT PREVENTION
PROVISIONS AND SECTION 112(R) OF THE ACT, 42 U.S.C. ? 7412(R), WHEN IT:
A. FAILED TO COMPILE WRITTEN PROCESS SAFETY INFORMATION FOR THE EQUIPMENT IN THE PROCESS WHICH INCLUDES A P&ID AS REQUIRED BY 40 C.F.R. ? 68.65(D)(1)(II);
B. FAILED TO IMPLEMENT, IN THE WRITTEN OPERATING PROCEDURES, PRECAUTIONS NECESSARY TO PREVENT EXPOSURE, INCLUDING ENGINEERING CONTROLS, ADMINISTRATIVE CONTROLS, AND PERSONAL PROTECTIVE EQUIPMENT AS REQUIRED BY 40 C.F.R. ? 68.69(A)(3)(II); AND
C. FAILED TO MAKE THE OPERATING PROCEDURES READILY ACCESSIBLE TO EMPLOYEES WHO WORK IN OR MAINTAIN A PROCESS AS REQUIRED BY 40 C.F.R. ? 68.69(B).