9/23/2020 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $84,924.00. PENALTY DUE .
ALLEGED VIOLATIONS:
BASED ON THE EPA?S COMPLIANCE MONITORING INVESTIGATION, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED 40 C.F.R. PART 68, THE CODIFIED RULES GOVERNING THE ACT?S CHEMICAL ACCIDENT PREVENTION PROVISIONS AND SECTION 112(R) OF THE ACT, 42 U.S.C. ? 7412(R), WHEN IT:
A. FAILED TO MAINTAIN RECORDS ON THE WORST-CASE SCENARIO PORTION OF THE OFFSITE CONSEQUENCE ANALYSES, INCLUDING A DESCRIPTION OF THE VESSEL OR PIPELINE AND SUBSTANCE SELECTED AS WORST CASE, ASSUMPTIONS AND PARAMETERS USED, AND THE RATIONALE FOR THE SELECTION OF SPECIFIC SCENARIOS AS REQUIRED BY 40 C.F.R. ? 68.39(A);
B. FAILED TO MAINTAIN RECORDS ON THE ALTERNATIVE CASE SCENARIO PORTION OF THE OFFSITE CONSEQUENCE ANALYSES, INCLUDING A DESCRIPTION OF THE VESSEL OR PIPELINE AND
SUBSTANCE SELECTED AS ALTERNATIVE CASE, ASSUMPTIONS AND PARAMETERS USED, AND THE RATIONALE FOR THE SELECTION OF SPECIFIC SCENARIOS AS REQUIRED BY 40 C.F.R. ? 68.39(B);
C. FAILED TO DOCUMENT THAT EQUIPMENT COMPLIED WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES, AS REQUIRED BY 40 C.F.R. ? 68.65(D)(2);
D. FAILED TO ESTABLISH A SYSTEM TO: PROMPTLY ADDRESS THE TEAM?S FINDINGS AND RECOMMENDATIONS (OF THE PHA); ASSURE THAT THE RECOMMENDATIONS ARE RESOLVED IN A TIMELY MANNER AND THAT THE RESOLUTION IS DOCUMENTED; DOCUMENT WHAT ACTIONS ARE TO BE TAKEN; COMPLETE ACTIONS AS SOON AS POSSIBLE; DEVELOP A WRITTEN SC