This was a Program 2 Inspection and the facility had toluene 2,4 diisocyanate and toluene 2,6 diisocyanate in quantities exceeding 10,000 pounds during calendar years 1999 through 2010. Respondent thus maintained toxic substances in quantities exceeding the threshold quantities under the Chemical Accident Pollution Prevention rule. At and prior to the time of inspection the processes subjected it to the Program 2 requirements because the distance to a public receptor, as defined at 40 C.F.R. § 68.30, was less than the distance to the flammable or toxic endpoint for a worst-case release assessment under 40 C.F.R. § 68.25, and because the process was not subject to the process safety management standard (1910.119) and at the time the process did not meet one of the NAICS codes listed under 40 C.F.R. § 68.10(d)(l).
MANAGEMENT
68.15(a) Failure to develop a management system to oversee the implementation of the risk management program elements.
68.15(c) Failure to document other persons responsible for implementing individual requirements of the risk management program and defined lines of authority through an organization chart or similar document.
HAZARD ASSESSMENT
68.39(e)Failure to maintain a record on the offsite consequence analyses that included the data used to estimate population and environmental receptors potentially affected.
PROCESS SAFETY INFORMATION
68.48(a)(1) Failure to compile and maintain up-to-date safety information that included maximum intended inventory of equipment in which the regulated substances are stored or processed.
68.48(a)(3)Failure to compile and maintain up-to-date safety information that included safe upper and lower temperatures, pressures, flows, and compositions.
68.48(a)(4) Failure to compile and maintain up-to-date safety information that included equipment specifications.
68.48(a)(5) Failure to compile and maintain up-to-date safety information that included codes and standards used to design, build, and operate the covered process.
68.48(b) Failure to ensure that the process is designed in compliance with recognized and generally accepted good engineering practices.
HAZARD REVIEWS
68.50(a) Failure to conduct a review of the hazards associated with the regulated substances, processes, and procedures.
OPERATING PROCEDURES
68.52(b)(4) Failure to prepare written operating procedures that address emergency shutdown and operations.
68.52(b)(6) Failure to prepare written operating procedures that address startup following a normal or emergency shutdown or a major change that required a hazard review.
68.52(b)(7) Failure to prepare written operating procedures that address consequences of deviations and steps required to correct or avoid deviations.
68.52(b)(8) Failure to prepare written operating procedures that address equipment inspections.
TRAINING
68.54(a) Failure to certify that each employee presently operating a process, and each employee newly assigned to a covered process has been trained or tested competent in the operating procedures that pertain to their duties.
68.54(b) Failure to provide refresher training at least every three years, or more often if necessary, to each employee operating a process, to ensure that the employee understand and adheres to the current Operating procedures of the process.
68.54(d) Failure to certify that each employee was trained in any updated or new procedures prior to starting of a process after a major change.
68.56(a) Failure to prepare and implement procedures to maintain the on-going mechanical integrity of the process equipment.
68.56(b) Failure to train or cause to be trained each employee, involved in maintaining the on-going mechanical integrity of the process, in the hazards of the process, in how to avoid or correct unsafe conditions, and in the procedures applicable to the employee’s job tasks.