Respondent is the owner and/or operator of a facility which stores liquid propane (“LP”) for wholesale distribution. Respondent filed an RMP for the Facility with EPA on or about October 18, 2013 that identified a covered propane process at the Facility as a Program 3 process, and that specified a quantity of 822,500 pounds of propane for this process. EPA conducted an inspection of the Facility on or about April 8, 2014 to assess compliance with Section 112(r) of the Act and the applicable regulations, including those listed in 40 C.F.R. Part 68 (the “Inspection”).
The Facility is a stationary source pursuant to 40 C.F.R. § 68.3 using Propane, which is a regulated substance pursuant to Sections 112(r)(2) and (3) of the CAA and 40 C.F.R. § 68.3. The threshold quantity for propane, as listed in 40 C.F.R. § 68.130, Tables 3 and 4, is 10,000 pounds. Respondent handles and stores, and has handled and stored, propane in its processes at its Facility in quantities exceeding the threshold quantity for propane. At the time of EPA’ s Inspection, EPA identified violations of the following requirements:
- there was no schedule to address the action items identified in the initial Process Hazard Analysis (“PHA”). The facility must ensure that all PHA action items are resolved in a timely manner, as required by 40 C.F.R. § 68.67(e); and
- the Facility did not currently have a preventative maintenance program for the LP process, pursuant to the requirements of 40 C.F.R. § 68.73. The two 30,000-gallon LP storage tanks had not been inspected internally, for remaining life, or pressure tested since their original installation in 1994.
In addition, at the time of EPA’s Inspection, EPA Inspectors noted another safety concern at the Facility, in that substantial rust was observed on propane process equipment, including tank car loading towers, and storage tank piping and pumps, which is indicative of the lack of a preventative maintenance program for the propane process.
Respondent’s failure to fully comply with the requirements of 40 C.F.R. Part 68 regarding the Facility constitutes violations of Section 112(r) of the CAA, 42 U.S.C. § 7412(r). Respondent is therefore subject to the assessment of penalties under Section 113(d) of the CAA, 42 u.s.c. § 7413(d).
Respondent agrees to pay a civil penalty in the total amount of $21,300.00.
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