On October 15, 2012 EPA conducted a compliance inspection of a specialty steel treating business (“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 October 15, 2012 inspection and documents submitted by Respondent, EPA has determined that Respondent violated the following regulations:
- 40 C.F.R. § 68.65(d)91)(ii) Respondent failed to document information pertaining to the equipment in the process which includes piping and instrumentation diagrams that include piping to the furnaces and flow control valves.
- 40 C.F.R. § 68.67(c)(5) Respondent failed to conduct a process hazard analysis that addresses stationary source siting.
- 40 C.F.R. § 68.67(c)(6) Respondent failed to conduct a process hazard analysis that addresses human factors.
- 40 C.F.R. § 68.67(e) Respondent failed to establish a system to promptly address the Process Hazard Analysis team’s findings and recommendations, assure that the recommendations are resolved in a timely manner and documented, document what actions are to be taken, complete actions as soon as possible, and develop a written schedule of when these actions me to be completed.
- 40 C.F.R. § 68.69(a)(l)(vii) Respondent failed to develop and implement procedures that address normal shutdown.
- 40 C.F.R. § 68.69(a)(l)(v) Respondent failed to develop and implement procedures that address startup following a turnaround or after emergency shutdown.
- 40 C.F.R. § 68.69(a)(2-4) Respondent failed to develop and implement procedures that address operating limits, safety and health considerations and safety systems and their functions.
- 40 C.F.R. § 68.69(c) Respondent failed to certify annually that operating procedures me current and accurate.
- 40 C.F.R. § 68.7l(b) Respondent failed to provide refresher training at least every three years, or more often if necessary, to each employee involved in operating a process to assure that the employee understands and adheres to the current operating procedures of the process.
- 40 C.F.R. § 68.71(c) Respondent failed to prepare a record which contains the identity of the employee, the date of training, and the means used to verify that the employee understood the training.
- 40 C.F.R. § 68.8l(a) Respondent failed to investigate each incident which resulted in or could reasonably have resulted in a catastrophic release of a regulated substance.
SETTLEMENT
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 $6,840.
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