8/19/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $13,455. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
AT SOME TIME DURING THE CALENDAR YEARS OF 2009, 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 SEC, THE LEPC, AN FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2009, 2008 AND 2007, BY MARCH 1 OF THE FOLLOWING YEAR.
EPA ALLEGES THAT RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTION 312 OF EPCRA, AT ITS FACILITY FOR CALENDAR YEARS 2009, 2008 AND 2007.