8/4/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $35,350. RESPONDENT SHALL MAKE FOUR (4) CONSECUTIVE MONTHLY INSTALLMENTS. THE FIRST INSTALLMENT OF $8,848.56 IS DUE WITHIN THIRTY DAYS. THE FINAL INSTALLMENT OF $8,848.54 IS DUE WITHIN 120 DAYS.
ORDER ALLEGES:
BASED ON AN RMProgram COMPLIANCE MONITORING INSPECTION CONDUCTED ON AUGUST 10, 2010, THE 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 78 WHEN IT:
FAILED TO COMPILE THE FOLLOWING WRITTEN PROCESS SAFETY INFORMATION AS REQUIRED 40 CFR SECTION 68.65(c)(1) PERTAINING TO THE TECHNOLOGY OF THE PROCESS:
(i) A BLOCK FLOW DIAGRAM OR SIMPLIFIED PROCESS FLOW DIAGRAM,
(ii) PROCESS CHEMISTRY,
(iii) MAXIMUM INTENDED INVENTORY,
(iv) SAFE UPPER AND LOWER LIMITS FOR SUCH ITEMS AS TEMPERATURES, PRESSURES, FLOWS OR COMPOSITIONS, AND
(v) AN EVALUATION OF THE CONSEQUENCES OF DEVIATIONS;
FAILED TO COMPILE THE FOLLOWING WRITTEN PROCESS SAFETY INFORMATION AS REQUIRED BY 40 CFR SECTION 68.65(d)(1) PERTAINING TO THE EQUIPMENT IN THE PROCESS:
(iv) RELIEF SYSTEM DESIGN AND DESIGN BASIS,
(v) VENTILATION SYSTEM DESIGN,
(vi) DESIGN CODES AND STANDARDS EMPLOYED,
(vii) MATERIAL AND ENERGY BALANCES FOR PROCESSES BUILT AFTER JUNE 21, 1999, AND
(viii) SAFETY SYSTEMS (e.g. INTERLOCKS, DETECTION OR SUPPRESSION SYSTEMS);
FAILED TO DOCUMENT THAT EQUIPMENT COMPLIES WI