The Respondent has two RMProgram covered processes which stores or otherwise uses chlorine and methyl chloride in amounts exceeding its applicable respective thresholds of 2,500 and 10,000 pounds. Based on an RMProgram compliance monitoring investigation initiated on January 15-16, 2013, the EPA alleges that the Respondent violated the codified rules governing the CAA Chemical Accident Prevention Provisions, because Respondent did not adequately implement provisions of 40 CFR Part 68 when it:
- Failed to establish a system to promptly address the team’s process hazard analysis human factors findings and recommendations; assure that the recommendations are resolved in a timely manner and that the resolution is documented; and document what actions are to be completed as required by 40 CFR § 68.67(e);
- Failed to certify annually that operating procedures are current and accurate as required by 40 CFR § 68.69(a);
- Failed to ensure frequency of inspection and tests of chlorine detectors are consistent with applicable manufacturer’s recommendations and good engineering practices as required by 40 CFR § 68.73(d)(3);
- Failed to include on the registration form, the correct maximum quantity (in pounds) of each regulated substance in the process as required by 40 CFR § 68.160(b )(7).
Respondent agrees to pay a civil penalty of THIRTY THREE THOUSAND SIX HUNDRED DOLLARS ($33,600), to be paid within thirty (30) days of the effective date of this CAFO.
Here is the official notice http://yosemite.epa.gov/OA/RHC/EPAAdmin.nsf/Filings/BB81ECAF8FAA53AC85257CA8001BD2EE/$File/scan0660.pdf