On June 27, 2012, an authorized representative of the EPA conducted a compliance inspection of the Respondent’s facility to determine compliance with the Risk Management Plan (RMP) regulations promulgated at 40 C.P.R. Part 68 under Section 112(r) of the CAA. The EPA found that the Respondent had violated regulations implementing Section 112(r) of the CAA by failing to comply with the regulations as noted on the enclosed Risk Management Program Inspection Findings (RMP Findings)…
General Requirements[§ 68.12(d)(1)] No Penalty Assessed
The owner or operator failed develop and implement a management system as provided in § 68.15.
Prevention Program
Process Hazard Analysis[§ 68.67(c)(2)] $600
The owner or operator failed to identify an incident dated August 8, 2008, in their process hazard analysis which had a likely potential for catastrophic consequences.
NOTE: EPA accepted an abatement plan that did NOT require the facility to go back and update their PHA, but instead allowed the facility to update their RMP???? The citation was to the fact the incident was not included in the PHA, not that the incident met the 5-year accident history and was not included in the RMP submittal.
Prevention Program
Operating Procedures[§ 68.69(d)] $900
The owner or operator failed to develop and implement safe work practices to provide for the control of hazards during operations, specifically a Standard Operating Procedure for a line break.
Prevention Program $1,200
Incident Investigation [§ 68.81(f)]
The owner or operator failed to review the investigation report with all affected personnel whose job tasks are relevant to the incident findings including contract employees.
Risk Management Plan
Executive Summary [§ 68.155(f)] No Penalty Assessed
The owner or operator failed to provide in the RMP an executive summary that includes a brief description of planned changes to improve safety.
Risk Management Plan [§ 68.195(a)] $2,000
Owner or operator failed to correct new accident history information in the RMP within six (6) months of an August 22, 2008, accident.
CLICK HERE to see the EPA agreement.