3/17/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,975, DUE WITHIN 30 DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP.
ALLEGATIONS:
BASED ON AN RMPROGRAM COMPLIANCE MONITORING INSPECTION CONDUCTED ON DEC 4, 2007, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CODIFIED RULES GOVERNING THE CAA CHEMICAL ACCIDENT PREVENTION PROVISIONS BECAUSE RESPONDENT DID NOT ADEQUATELY IMPLEMENT A PROVISION OF 40 CFR PART 68 WHEN:
A. IT FAILED TO DEVELOP A WRITTEN SCHEDULE FOR ALL PROCESS HAZARD ANALYSIS RECOMMENDATIONS (ACTION ITEMS) AND FAILED TO DOCUMENT THE OUTCOME AND COMPLETION OF SUCH ACTION ITEMS AS REQUIRED BY 40 CFR 68.67(e) AND
B. IT FAILED TO CERTIFY ANNUALLY THAT THE OPERATING PROCEDURES ARE CURRENT AND ACCURATE AND THAT PROCEDURES HAVE BEEN REVIEWED AS OFTEN AS NECESSARY AS REQUIRED BY 40 CFR 68.69(c).