Respondent is the owner and/or operator of a facility located at 228 East Main Street, Waterloo, New York, hereinafter referred to as the ÂFacility. The Facility is located on a main street in a mixed residential/commercial area. The nearest residence is located across the street (<0.1 mile) from the Facility.
On October 21, 2005, Respondent submitted to EPA a Risk Management Plan (RMP) update for the Facility. This update specified that RespondentÂs process systems at the Facility contained 100,220 pounds of acrylonitrile and 95,918 pounds of epichlorohydrin, and that such processes are Program 3. Acrylnoitrile and epichlorohydrin are regulated substances, and are present at the Facility above threshold quantities.
On or about May 23, 2006, EPA conducted an inspection at the Facility to determine RespondentÂs compliance with Section 112(r) of the Act and the applicable regulations set forth at 40 C.F.R. Part 68. During the May 23, 2006, inspection, EPA discovered violations of the requirements of 40 C.F.R. Part 68 regarding recognized and generally accepted good engineering practices, emergency response, inspections, training, and compliance auditing. On September 28, 2007 EPA issued an administrative complaint seeking a civil penalty for the violations listed in the Complaint.