08/18/2025 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $75,731.00. PENALTY DUE WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS CAFO.
ALLEGED VIOLATIONS:
ON JUNE 7, 2023, 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.
ON MAY 7, 2024, THE EPA ISSUED TO RESPONDENT A NOTICE OF POTENTIAL VIOLATION AND OPPORTUNITY TO CONFER (?NOPVOC?), PROVIDING NOTICE THAT THE EPA FOUND THAT RESPONDENT POTENTIALLY COMMITTED THE ALLEGED VIOLATIONS DESCRIBED IN SECTION V OF THE CONSENT AGREEMENT AND PROVIDING RESPONDENT AN OPPORTUNITY TO CONFER WITH THE EPA. ON JUNE 20, 2024, REPRESENTATIVES OF RESPONDENT AND THE EPA HELD A MEETING TO DISCUSS THE NOPVOC.
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 ENSURE AND DOCUMENT THAT ITS PROCESS IS DESIGNED AND MAINTAINED IN COMPLIANCE WITH RAGAGEP, AS REQUIRED BY 40 C.F.R. ? 68.65(D)(2);
(B) FAILED TO ESTABLISH A SYSTEM TO PROMPTLY ADDRESS THE PHA TEAM'S FINDINGS AND RECOMMENDATIONS; ASSURE THAT THE RECOMMENDATIONS ARE RESOLVED IN A TIMELY MANNER