Respondent does business in the State of Alabama. Respondent operates a “stationary source” that has one RMProgram covered process, latex resin manufacturing, which stores or otherwise uses vinyl acetate monomer in an amount exceeding its applicable threshold of 15,000 pounds. Respondent has submitted and registered an RMPlan to the EPA for the stationary source identified in Paragraph 5 of this CAPO. Respondent has developed an RMProgram accidental release prevention program for the stationary source. Based on an RMProgram compliance monitoring investigation initiated by EPA on July 25-26, 2013, the EPA alleges that the Respondent violated the CAA Chemical Accident Prevention Provisions, because Respondent did not adequately implement provisions of 40 CFR Part 68 when it:
- Failed to analyze and report the one worst-case release scenario that is estimated to create the greatest distance in any direction to an endpoint as required by 40 CFR § 68.25(a)(2)(i);
- Failed to determine the worst-case release quantity using the greatest amount held in a single vessel as required by 40 CFR § 68.25(b)(1);
- Failed to include in the process safety information, piping and instrument diagrams for information pertaining to the equipment in the process as required by 40 CFR § 68.65(d)(1)(ii);
- Failed to certify annually that operating procedures are current and accurate as required by 40 CFR § 68.69(c);
- Failed to update process safety information when a change resulted in a change of that information as required by 40 CFR § 68.75(d);
- Failed to perform a pre-startup safety review that confirms construction and equipment is in accordance with design specifications as required by 40 CFR § 68.77(b)(1);
- Failed to document resolutions and corrective actions of the incident report findings and recommendations as required by 40 CFR § 68.81(e).
Respondent agrees to pay a civil penalty of FORTY SEVEN THOUSAND SIX HUNDRED DOLLARS ($47,600), to be paid within thirty (30) days of the effective date of this CAFO.
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