6/10/2021 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $88,640.00. PENALTY DUE WITHIN 30 DAYS.
ALLEGED VIOLATIONS:
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 ? 112(R) OF THE ACT, 42 U.S.C. ? 7412(R), WHEN IT:
A. FAILED TO DOCUMENT THAT EQUIPMENT COMPLIES WITH RAGAGEP, AS REQUIRED BY 40 C.F.R. ? 68.65(D)(2);
B. FAILED TO ESTABLISH A SYSTEM TO PROMPTLY ADDRESS THE TEAM?S FINDINGS AND RECOMMENDATIONS (OF THE 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 C.F.R. ? 68.67(E);
C. FAILED TO RETAIN PROCESS HAZARDS ANALYSES AND UPDATES OR REVALIDATIONS FOR EACH PROCESS COVERED BY 40 C.F.R PART 68, AS WELL AS THE DOCUMENTED RESOLUTION OF RECOMMENDATIONS DESCRIBED IN 40 C.F.R. ? 68.67(E) FOR THE LIFE OF THE PROCESS AS
REQUIRED BY 40 C.F.R. ? 68.67(G);
D. FAILED TO PERFORM THE INSPECTIONS AND TESTS ON PROCESS EQUIPMENT AND INSPECTION AND FAILED TO SHOW TESTING PROCEDURES FOLLOWED RAGAGEP AS REQUIRED BY 40
C.