9/8/2022 ? CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $174,095. 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. OPERATED A PROCESS WITH MORE THAN A THRESHOLD QUANTITY OF A REGULATED SUBSTANCE, AS DETERMINED UNDER 40 C.F.R. ? 68.115, WITHOUT COMPLYING WITH THE REQUIREMENTS OF 40 C.F.R. PART 68 BY NO LATER THAN THE DATE ON WHICH THE REGULATED SUBSTANCE WAS FIRST PRESENT ABOVE A THRESHOLD QUANTITY IN THE PROCESS, AS REQUIRED BY 40 C.F.R. ? 68.10(A)(3);
B. FAILED TO DOCUMENT THAT EQUIPMENT COMPLIES WITH RAGAGEP, AS REQUIRED BY 40 C.F.R. ? 68.65(D)(2);
C. FAILED TO REVIEW THE OPERATING PROCEDURES AS OFTEN AS NECESSARY TO ASSURE THAT THEY REFLECT CURRENT OPERATING PRACTICE, INCLUDING CHANGES THAT RESULT FROM CHANGES IN PROCESS CHEMICALS, TECHNOLOGY, AND EQUIPMENT, AND CHANGES TO STATIONARY SOURCES. RESPONDENT DID NOT CERTIFY ANNUALLY THAT THESE OPERATING PROCEDURES WERE CURRENT AND ACCURATE, AS REQUIRED BY 40 C.F.R. ? 68.69(C);
D. FAILED TO PERFORM INSPECTIONS AND TESTS ON PROCESS EQUIPMENT; INSPECTION AND TESTING PROCEDURES DID NOT FOLLOW RAGAGEP; AND THE FREQUENCY OF INSPECTIONS AND TESTS OF PROCESS EQUIPMENT WERE NOT CONSISTENT WITH APPLICABLE MANUFACTURERS' RECOMMENDATIONS AND GOOD ENGINEERING