7/8/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $56,145. RESPONDENT SHALL MAKE 12 MONTHLY PAYMENTS. THE FIRST PAYMENT OF $4,704.13 IS DUE BY JULY 1, 2011. THE LAST PAYMENT OF $4,704.13 DUE BY JUNE 1, 2012.
ORDER ALLEGES:
AT SOME POINT DURING THE CALENDAR YEARS OF 2008 AND 2007, SULFURIC ACID WAS PRESENT AT THE FACILITY IN AN AMOUNT EQUAL TO OR GREATER THAN 500 POUNDS.
SULFURIC ACID IS AN EXTREMELY HAZARDOUS SUBSTANCE AS DEFINED UNDER SECTION 329(3)OF EPCRA,42 U.S.C. SECTION 11049(3), FOR WHICH RESPONDENT IS REQUIRED TO PREPARE OR HAVE AVAILABLE AN MSDS UNDER OSHA AT ITS FACILITY.
RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR SULFURIC ACID TO THE SERC, THE LEPC, AND FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2008 AND 2007 BY MARCH 1 OF THE FOLLOWING YEARS.
EPA ALLEGES THAT RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTION 312 OF EPCRA.
RESPONDENT'S FACILITY PROCESSED LEAD IN EXCESS OF THE 100 POUND THRESHOLD QUANTITY ESTABLISHED UNDER EPCRA SECTION 313(f) AND 40 C.F.R. SECTION 372.5, DURING CALENDAR YEARS 2009 AND 2008. RESPONDENT'S FACILITY ALSO OTHERWISE USED TOLUENE, METHYL ISOBUTYL KETONE, AND XYLENE IN EXCESS OF THE 10,000 POUND THRESHOLD QUANTITY DURING CALENDAR YEAR 2008.
RESPONDENT FAILED TO SUBMIT A FORM R OR A FORM A FOR LEAD, TOLUENE, METHYL ISOBUTYL KETONE, OR XYLENE TO THE ADMINISTRATOR OF EPA AND TO THE DESIGNATED BY THE GOVERNOR OF T