On March 24-25, 2015, an authorized representative of the EPA conducted a compliance inspection of the Respondent’s facility, to determine compliance with the Risk Management Plan (RMP)’regulations promulgated at 40 C.F.R. Part 68 under Section 112(r) of the CAA. The EPA found that the Respondent had violated regulations implementing Section 112(r) of the CAA by failing to comply with the regulations as noted on the enclosed Risk Management Program Inspection Findings (RMP Findings), which is hereby incorporated by reference.
VIOLATIONS
Risk Management Plan Updates [68.195(b)] $1,000
If the emergency contact information required at 68.160(b)(6) has changed since June 21, 2004, did the owner or operator submit corrected information within thirty days of the change?
Facility addressed this post inspection.
Hazard Assessment Review and Update [68.36(a)] $1,200
The owner or operator failed to review and update the off-site consequence analyses at least once every five years.
Facility addressed this post inspection.
Hazard Assessment Document [68.39(a), (b) & (e)] $1,200
The owner or operator failed to provide documentation for worst-case scenarios and alternative release scenarios on its distance to endpoint and population estimate calculations.
Facility addressed this post inspection.
Prevention Program Safety Information [68.65(d)(l){iii)] $600
The owner or operator failed to accurately describe its electrical classification for the equipment in the process for the process safety information.
Prevention Program Process Hazard Analysis [68.67(g)] No penalty assessed
The owner or operator failed to retain PHAs (2007) and update or revalidation’s for each process covered, as well as the resolution of recommendations for the life of the process. Facility addressed this post inspection.
Prevention Program Compliance Audits [68.79(a)] $1,200
The owner or operator failed to certify that the stationary source has evaluated compliance with the provisions of the prevention program at least every three years to verify that the developed procedures and practices are adequate and being followed.
Facility addressed this post inspection.
Prevention Program Compliance Audits [68.79(d)] No penalty assessed
The owner or operator failed to promptly determine and document an appropriate response to each of the findings of the audit and documented that deficiencies had been corrected.
Facility addressed this post inspection.
SETTLEMENT
In consideration of Respondent’s size of business, its full compliance history, its good faith effort to comply, and other factors as justice may require, and upon consideration of the entire record, the parties enter into the ESA in order to settle the violations, described in the enclosed RMP Findings, for the total penalty amount of $5,800.