9/13/2021 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $ 87,884.00. 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 ANALYZE AND REPORT IN THE RISK MANAGEMENT PLAN ONE WORST-CASE RELEASE SCENARIO THAT IS ESTIMATED TO CREATE THE GREATEST DISTANCE IN ANY DIRECTION TO AN ENDPOINT
PROVIDED IN APPENDIX A FOR 40 C.F.R. ? 68 RESULTING FROM AN ACCIDENTAL RELEASE OF REGULATED TOXIC SUBSTANCES FROM COVERED PROCESS UNDER WORST-CASE CONDITIONS DEFINED IN 40 C.F.R. ? 68.22, AS REQUIRED BY 40 C.F.R. ? 68.25(A)(2)(I);
B. FAILED TO MAINTAIN RECORDS ON THE WORST-CASE SCENARIO PORTION OF THE OFFSITE CONSEQUENCE ANALYSES, AS REQUIRED BY 40 C.F.R. ? 68.39(A);
C. FAILED TO MAINTAIN RECORDS ON THE ALTERNATIVE RELEASE SCENARIO PORTION OF THE OFFSITE CONSEQUENCE ANALYSES, AS REQUIRED BY 40 C.F.R. ? 68.39(B);
D. FAILED TO ESTABLISH A SYSTEM TO PROMPTLY ADDRESS THE TEAM?S FINDINGS AND RECOMMENDATIONS; ASSURE THAT THE RECOMMENDATIONS ARE RESOLVED IN A TIMELY MANNER AND THAT THE RESOLUTION IS DOCUMENTED; 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