On September 1, 2010, EPA conducted a compliance inspection at the facility to determine its compliance with the 40 C.F.R. Part 68. 34. Based on the inspection and a review of additional information received by U.S. EPA subsequent to that date, it has identified the following violations by Respondent of the Risk Management Program Regulations:
- Failure to assure that the facility’s 2009 process hazard analysis recommendations were resolved in a timely manner, as required under 40 C.F.R § 68.67(e); and
- Failure by the owner or operator of the facility to certify that the stationary source evaluated compliance with the provisions of the Risk Management Program Regulations at least every three years to verify that the developed procedures and practices are adequate and being followed, as required under 40 C.F.R. § 68.79(a).
Based on analysis of the factors specified in Section 113(e) of the CAA, 42 U.S.C. § 7413(e), the facts of this case, and other factors such as cooperation and agreement to perform a supplemental environmental project, Complainant has determined that an appropriate civil penalty to settle this action is $9,000.
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