8/20/2013 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $30,654. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP.
ORDER ALLEGES:
BASED ON THE RMPROGRAM COMPLIANCE MONITORING INVESTIGATION INITIATED ON FEBRUARY 16, 2012, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CODIFIED RULES GOVERNING THE CAA CHEMICAL ACCIDENT PREVENTION PROVISIONS, BECAUSE RESPONDENT DID NOT ADEQUATELY IMPLEMENT PROVISIONS OF 40 CFR PART 68 WHEN IT:
FAILED TO DOCUMENT NAMED INDIVIDUALS OR POSITIONS RESPONSIBLE FOR IMPLEMENTING INDIVIDUAL REQUIREMENTS OF THE RISK MANAGEMENT PROGRAM, AND DEFINE THE LINES OF AUTHORITY THROUGH AN ORGANIZATION CHART OR SIMILAR DOCUMENT AS REQUIRED BY 40 CFR SECTION 68.15(c);
FAILED TO DOCUMENT A BLOCK FLOW DIAGRAM OR SIMPLIFIED PROCESS FLOW DIAGRAM FOR THE HYDROGEN FLUORIDE PROCESS AS REQUIRED BY 40 CFR SECTION 68.65(c)(1)(i);
FAILED TO DOCUMENT THE CORRECT MAXIMUM INTENDED INVENTORY FOR CHLOROFORM AND HYDROGEN FLUORIDE AS REQUIRED BY 40 CFR SECTION 68.65(c)(1)(iii);
FAILED TO PERFORM AN INITIAL PROCESS HAZARD ANALYSIS (HAZARD EVALUATION) ON COVERED PROCESSES AS REQUIRED BY 40 CFR SECTION 68.67(a);
FAILED TO CERTIFY ANNUALLY THAT OPERATING PROCEDURES ARE CURRENT AND ACCURATE AS REQUIRED BY 40 CFR SECTION 68.69(c);
FAILED TO DOCUMENT RESPONSES TO EACH OF THE FINDINGS OF THE 2009 COMPLIANCE AUDIT, AND DOCUMENT THAT DEFICIENCIES HAVE BEEN CORRECTED AS REQUIRED BY 40 CFR SECTION 78.79(d);