On August 16, 2012, 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):
- Hazard Assessment – Defining Offsite Impacts-Population [§ 68.30(a)] $600
- The owner or operator failed to estimate in the RMP the population within a circle with its center at the point of the release and a radius determined by the distance to the endpoint defined in § 68.22(a)
- Prevention Program – Compliance Audits [§ 68.58(a)] $1,200
- The owner or operator failed to certify that they have evaluated compliance with the provisions of this subpart at least every three years to verify that the procedures and practices developed under the rule are adequate and are being followed.
- Prevention Program – Incident Investigation[§ 68.60(e)] $1,200
- The owner or operator failed to review the findings with all affected personnel whose job tasks are affected by the findings. Specifically, the June 11, 2009, incident.
- Risk Management Plan – Update[§ 68.190(b)(1)] $2,000
- The owner or operator failed to review and update the Risk Management Plan and submit to the EPA within 5 years of the previously submitted Risk Management Plan.