1/12/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $17,500, DUE WITHIN 30 DAYS.
EPA ALLEGES THAT RESPODENT VIOLATED THE CODIFIED RULES GOVERNING THE CAA CHEMICAL ACCIDENT PREVENTION PROVISIONS BECAUSE RESPONDENT DID NOT ADEQUATELY IMPLEMENT PROVISIONS OF 40 CFR PART 68 WHEN:
RESPONDENT FAILED TO DOCUMENT THE NAMES OR POSITIONS OF ALL PERSONS ASSIGNED TO IMPLEMENT INDIVIDUAL REQUIREMENTS OF THE FACILITY'S ACCIDENT PREVENTION PROGRAM, AND TO DOCUMENT THE ASSOCIATED LINES OF AUTHORITY OF SUCH PERSONS OR POSITIONS THRU AN ORGANIZATION CHART OR SIMILAR DOCUMENT AS REQUIRED BY 40 CFR 68.15(c);
RESPONDENT FAILED TO DEVELOP A WRITTEN SCHEDULE FOR THE IMPLEMENTATION/COMPLETION OF RECOMMENDATIONS (ACTION ITEMS) RESULTING FROM TEH 2005 PROCESS HAZARD ANALYSIS, AND FAILURE TO DOCUMENT THE OUTCOME AND COMPLETION OF ACTION ITEM IDENTIFIED AS NODE 2.10(19) AS REQUIRED BY 40 CFR 68.67(e);
RESPONDENT 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);
RESPONDENT FAILED TO CONDUCT AUDITS TO EVALUATE ITS COMPLIANCE WITH THE CHEMICAL ACCIDENT PREVENTION PROGRAM REQUIREMENTS AT LEAST EVERY 3 YEARS AS REQUIRED BY 40 CFR 68.79(a); AND
RESPONDENT FAILED TO COMPLY WITH THE REPORTING REQUIREMENTS OF 40 CFR 68.195(a). UNDER SUCH REQUIREMENT, IF AN OWNER OR OPERATOR EXPERIENCES AN ACCIDENTAL RELEASE THAT MEETS THE 5-YR ACCIDENT HISTORY REPORTING