The primary activity at Respondent’s facility is the processing of com to manufacture starch derivatives. On or about March 5-7,2013, EPA conducted an inspection of Respondent’s facility to determine compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68. Records collected during the inspection showed that Respondent has exceeded the threshold quantity for propylene oxide, storing a maximum of approximately 57,275 pounds. Propylene oxide is a regulated substance pursuant to 40 C.F.R. § 68.3. The threshold quantity for propylene oxide, as listed in 40 C.F .R. § 68.130, Table 1, is 10,000 pounds. Company failed to:
- update and revalidate the Process Hazard Analysis (PHA) at least every five (5) years after the completion of the initial PHA per 40 CFR 68.67(f)
- certify annually that the operating procedures are current and accurate per 40 CFR 68.69(c)
- retain the two most recent compliance audit reports per 40 CFR 68.79(e)
- to provide an executive summary that included a brief description of the five-year accident history per 40 CFR 68.155(d)
- submit an RMP that correctly included the information required regarding the emergency response program per 40 CFR 68.180,
- correct the RMP with new accident history information within six months of the release
- submit a correction ofthe emergency contact information within one month of a change per 40CFR 68.195(a & b).
Respondent shall pay a civil penalty of Forty-Six Thousand One Hundred and Seventy-Eight Dollars ($46,178) within 30 days of entry of this Final Order.
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