9/24/2014 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
ON OCTOBER 27, 2010, AN INSPECTION WAS CONDUCTED BY EPA AT RESPONDENT'S FACILITY TO DETERMINE COMPLIANCE WITH SPCC REGULATIONS.
RESPONDENT FAILED TO AMEND ITS WRITTEN SPCC PLAN ( PLAN ) IN ACCORDANCE WITH 40 CFR SECTION 112.7, 112.8 AND OTHER APLLICABLE SECTIONS OF 40 CFR PART 112. SPECIFICALLY, RESPONDENT FAILED TO AMEND ITS 1995 WRITTEN PLAN AND FAILED TO HAVE THE PLAN AVAILABLE FOR EPA'S REVIEW AT THE FACILITY.
ADDITIIONALLY, RESPONDENT FAILED TO IMPLEMENT THE FACILITY'S PLAN IN ACCORDANCE WITH 40 CFR SECTIONS 112.7, 112.8, AND OTHER APPLICABLE SECTIONS OF 40 CFR PART 112. SPECIFICALLY, RESPONDENT FAILED TO PROVIDE ACCEPTABLE SECONDARY CONTAINMNET TO HOLD THE CAPACITY OF THE LARGEST SINGLE COMPARTMENT OF A TANK CAR/TRUCK LOADING/UNLOADING AREA THE FACILITY AS REQUIRED BY 40 CFR SECTION 112.7(h)(1).
EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED 40 CFR PART. 112.