At its stationary source, the Respondent operates a Polystrene Foam Production facility using butane and has 132,235 pounds of butane in onsite storage. At its stationary source, the Respondent has one RMProgram level 3 covered process, which processes butane in an amount exceeding its applicable threshold of 10,000 pounds. On August 30, 2018, the EPA conducted an onsite inspection of the RMProgram related records and equipment for the purpose of assessing the Respondent’s compliance with the RMProgram requirements, including the, implemented recognized and generally accepted good engineering practices (RAGAGEP) for its covered process at its stationary source.
At the time of the inspection, the Respondent was asked to:
- provide documentation showing that Respondent had assured that Process Hazard Analysis (PHA) recommendations were resolved in a timely manner and had completed actions as soon as possible. The Respondent could not provide the requested documentation.
- provide documentation that it reviews as often as necessary and certifies annually the operating procedures to assure that the operating procedures are current and accurate. The Respondent could not provide the requested documentation.
- provide information showing that it performs required inspections and testing procedures to follow RAGAGEP. The Respondent could not provide the requested information.
- provide training records for the employees involved in operating a process and maintenance and contract employees whose job tasks will be affected by a change in the process showing that they were informed of, and trained in, the change prior to start-up of the process or affected part of the process. The Respondent could not provide the requested training records.
- provide the prompt determination and documentation of the February 2017 compliance audit recommendations. The Respondent could not provide the requested information.
Based on EPA’ s compliance monitoring investigation, the EPA alleges that the Respondent violated 40 C.F.R. Part 68, the codified rules governing the Act’s Chemical Accident Prevention Provisions and Section 112(r) of the Act, 42 U.S.C. § 7412(r), when it:
- Failed to assure that the PHA recommendations were resolved in a timely manner and to complete actions as soon as possible as required by 40 C.F.R. § 68.67(e);
- Failed to review as often as necessary and certify annually the operating procedures to assure that the operating procedures are current and accurate as required by 40 C.F.R. § 68.69(c);
- Failed to perform required inspections and testing procedures to follow RAGAGEP as required by 40 C.F.R. § 68. 73(d)(2);
- Failed to train employees involved in operating a process and maintenance and contract employees whose job tasks will be affected by a change in the process in the change prior to start-up of the process or affected part of the process as required by 40 C.F.R. § 68.75(c); and
- Failed to promptly determine and document an appropriate response to each of the findings of the compliance audit and document that deficiencies have been corrected as required by 40 C.F.R. 68.79(d).
Respondent consents to the payment of a civil penalty, which was calculated in accordance with the Act, in the amount of $71,845.00, which is to be paid within thirty (30) calendar days of the Effective Date of this CAFO.
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