On September 11, 2012 EPA conducted a compliance inspection of a Bulk Petroleum and Anhydrous facility to determine its compliance with the Risk Management Plan (“RMP”) regulations promulgated pursuant to Section 112(r) of the Act, and set forth at 40 C.F.R. Part 68. Based on the inspection and documents submitted by Respondent, EPA has determined that Respondent violated the following regulations:
68.39(a) Respondent failed to provide a description of the vessel or pipeline and substance selected for a Worst Case Scenario, as well as assumptions and parameters used, the rationale for selection, and anticipated effect of the administrative controls and passive mitigation on the release quantity and rate;
68.39(b) Respondent failed to provide a description of the scenarios identified for the Alternative Scenario, as well as, assumptions and parameters used, the rationale for the selection of specific scenarios, and anticipated effect of the administrative controls and mitigation on the release quantity and rate;
68.48(a)(3)Respondent failed to compile and maintain information related to the safe upper and lower temperatures, pressures, and compositions;
68.48(a)(4) Respondent failed to compile and maintain information related to the process equipment specifications;
68.48(a)(5) Respondent failed to compile and maintain information related to the codes and standards used to design, build, and operate the process;
68.58(a)Respondent failed to certify that compliance audits are conducted at least every 3 years to verify that the procedures and practices are being followed; and
68.195(b) Respondent failed to submit corrected information within 30 days of the change in emergency contact information.
In consideration of Respondent’s full compliance history, its good faith efforts to comply, other factors as justice may require, and upon consideration of the entire record, the parties enter into this ESA in order to resolve any civil penalties for these alleged violations for the total penalty amount of $3,440.00.
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