8/18/2021 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $66,080.00. 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 SECTION 112(R) OF THE ACT, 42 U.S.C. ? 7412(R), WHEN IT:
A. FAILED TO REVIEW AND UPDATE THE OFFSITE CONSEQUENCE ANALYSIS AT LEAST ONCE EVERY FIVE YEARS AS REQUIRED BY 40 C.F.R. ? 68.36(A);
B. FAILED TO DOCUMENT THAT EQUIPMENT COMPLIES WITH RAGAGEP AS REQUIRED BY 40 C.F.R. ? 68.65(D)(2);
C. FAILED TO DETERMINE AND DOCUMENT THAT EXISTING EQUIPMENT DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH CODES, STANDARDS, OR PRACTICES THAT ARE NO LONGER IN
GENERAL USE, IS DESIGNED, MAINTAINED, INSPECTED, TESTED, AND OPERATING IN A SAFE MANNER AS REQUIRED BY 40 C.F.R. ? 68.65(D)(3);
D. FAILED TO ASSURE THAT THE PROCESS HAZARD ANALYSIS RECOMMENDATIONS WERE RESOLVED IN A TIMELY MANNER AND TO COMPLETE ACTIONS AS SOON AS POSSIBLE AS REQUIRED BY 40
C.F.R. ? 68.67(E);
E. FAILED TO CERTIFY ANNUALLY THAT THE OPERATING PROCEDURES WERE CURRENT AND ACCURATE AS REQUIRED BY 40 C.F.R. ? 68.69(C);
F. FAILED TO PERFORM THE REQUIRED INSPECTIONS AND TESTS OF PROCESS EQUIPMENT WITH A FREQUENCY CONSISTENT WITH APPLICABLE MANUFACTURERS? RECOMMENDATIONS AND GOOD
ENGINEERING PRACTICES AS REQUIRED BY 40 C.F.R. ? 68.73(D)(3);
G. FAILED TO CERTIFY THAT THE COMPLIANCE AUDIT