8/19/2024 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $26,366. PENALTY DUE WITHIN 30 DAYS UPON RECEIPT OF THE EXECUTED ESA.
ALLEGED VIOLATIONS:
ON JULY 27, 2022, THE EPA CONDUCTED AN ON-SITE INSPECTION OF THE RMPROGRAM RELATED RECORDS AND EQUIPMENT FOR THE PURPOSE OF ASSESSING THE RESPONDENT?S COMPLIANCE WITH THE RMPROGRAM REQUIREMENTS AND THE IMPLEMENTED RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES (RAGAGEP) FOR ITS COVERED PROCESS AT ITS FACILITY.
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 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. FURTHERMORE, IT FAILED TO CERTIFY ANNUALLY THAT THESE OPERATING PROCEDURES ARE
CURRENT AND ACCURATE, AS REQUIRED BY 40 C.F.R. ? 68.69(C);
B. FAILED TO CORRECT DEFICIENCIES IN EQUIPMENT THAT ARE OUTSIDE ACCEPTABLE LIMITS (DEFINED BY THE PROCESS SAFETY INFORMATION IN 40 C.F.R. ? 68.65) BEFORE FURTHER USE OR IN A SAFE AND TIMELY MANNER WHEN NECESSARY MEANS ARE TO BE TAKEN TO ASSURE SAFE OPERATION, AS REQUIRED BY 40 C.F.R. ? 68.73(E);
C. FAILED TO MAINTAIN MOC PROCEDURES TO ASSURE THAT IMPACT