9/1/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $18,200. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
BASED ON AN RMPROGRAM COMPLIANCE MONITORING INSPECTION CONDUCTED ON JUNE 17, 2009, 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 IT:
FAILED TO IMPLEMENT WRITTEN OPERATING PROCEDURES THAT ADDRESS THE FOLLOWING ELEMENTS FOUND AT 40 CFR SECTION 68.69(a): (3) SAFETY AND HEALTH CONSIDERATIONS, INCLUDING (i) PROPERTIES OF, AND HAZARDS PRESENTED BY THE CHEMICALS USED IN THE PROCESS; AND (iii) CONTROL MEASURES TO BE TAKEN IF PHYSICAL CONTACT OR AIRBORNE EXPOSURE OCCURS;
FAILED TO ANNUALLY CERTIFY THAT ITS OPERATING PROCEDURES ARE CURRENT AND ACCURATE, TO ASSURE THAT THE PROCEDURES REFLECT CURRENT OPERATING PRACTICES AS REQUIRED BY 40 CFR SECTION 68.69(c); AND
FAILED TO PROVIDE REFRESHER TRAINING AT LEAST EVERY THREE YEARS, OR MORE OFTEN IF NECESSARY, TO EACH EMPLOYEE INVOLVED IN OPERATING A PROCESS TO ASSURE THAT THE EMPLOYEE UNDERSTANDS AND ADHERES TO THE CURRENT OPERATING PROCEDURES OF THE PROCESS AS REQUIRED BY 40 CFR SECTION 68.71(b).