11/30/2021 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $89,908.00. 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 MAINTAIN RECORDS OF THE DATA USED TO ESTIMATE THE POPULATION AND ENVIRONMENTAL RECEPTORS POTENTIALLY AFFECTED, AS REQUIRED BY 40 C.F.R. ? 68.39(E);
B. FAILED TO DOCUMENT THAT EQUIPMENT COMPLIES WITH RAGAGEP, AS REQUIRED BY 40 C.F.R. ? 68.65(D)(2);
C. FAILED TO PERFORM ESSENTIAL INSPECTIONS AND TESTING PROCEDURES TO FOLLOW RAGAGEP, AS REQUIRED BY 40 C.F.R. ? 68.73(D)(2);
D. FAILED TO CONDUCT THE INSPECTIONS AND TESTS OF PROCESS EQUIPMENT AT A FREQUENCY CONSISTENT WITH APPLICABLE MANUFACTURERS? RECOMMENDATIONS AND GOOD ENGINEERING
PRACTICES, AS REQUIRED BY 40 C.F.R. ? 68.73(D)(3);
E. FAILED TO PERFORM A COMPLIANCE AUDIT ONCE EVERY THREE YEARS, AS REQUIRED BY 40 C.F.R. ? 68.79(A);
F. FAILED TO REVIEW AN INCIDENT REPORT WITH ALL AFFECTED PERSONNEL WHOSE JOB TASKS ARE RELEVANT TO THE INCIDENT FINDINGS INCLUDING CONTRACT EMPLOYEES, AS REQUIRED BY 40
C.F.R. ? 68.81(F); AND
G. FAILED TO SUBMIT AN RMP CORRECTION WITHIN ONE MONTH OF ANY CHANGE IN THE EMERGENCY CONTACT INFORMATION, AS REQUIRED BY 40 C.F.R. ? 68.195(B).