8/4/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $37,500. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
BASED ON AN RMProgram COMPLIANCE MONITORING INSPECTION CONDUCTED ON NOVEMBER 9, 10, AND 11, 2010, THE EPA ALLEGES THAT THE RESPONDENT VIOLATEDTHE 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 DOCUMENT PERSONS RESPONSIBLE FOR IMPLEMENTING INDIVIDUAL REQUIREMENTS, AND DEFINED LINES OF AUTHORITY THROUGH AN ORGANIZATION CHART OR SIMILAR DOCUMENT AS REQUIRED BY 40 CFR SECTION 68.15(c);
FAILED TO MAINTAIN PIPING AND INSTRUMENT DIAGRAM (P&ID)# G-22533 AS CURRENT AS REQUIRED BY 40 CFR SECTION 68.65(d)(1)(ii);
FAILED TO ENSURE THAT PHA CHECKLISTS WERE COMPLETED BY A TEAM AS REQUIRED BY 40 CFR SECTION 68.67(d);
FAILED TO DEVELOP AND IMPLEMENT WRITTEN OPERATING PROCEDURES THAT ADDRESS EMERGENCY OPERATIONS AND ALL OPERATING LIMITS RELATED TO CONSEQUENCES OF DEVIATION AND STEPS REQUIRED TO CORRECT OR AVOID DEVIATION ASSOCIATED WITH OPERATION OF THE CHLORINE COMPRESSION SYSTEM (PIC-2718 HIGH PRESSURE ALARM) AND THE HTDC REACTOR SHUTOFF VALVES ES-4315 (LIQUID CHLORINE FEED LINE) AND ES-4316 (ETHYLENE FEED LINE) AS REQUIRED BY 40 CFR SECTION 68.69(a)(10(v) AND 40 CFR SECTION 68.69(a)(2)(i)&(ii);
FAILED TO ANNUALLY CERTIFY THAT ITS OEPRATING PROCEDURES ARE CURRENT AND ACCURATED AS REQUIRED BY 40 CFR SECT