The Respondent has three RMProgram covered processes, one chlorine dioxide process, which stores or otherwise uses chlorine dioxide in an amount exceeding its applicable threshold of 1,000 pounds, and two chlorine processes, which store or otherwise uses chlorine in amounts exceeding its applicable threshold of 2,500 pounds. Based on an RMProgram compliance monitoring investigation initiated by EPA on July 22-24, 2013, the EPA alleges that the Respondent violated the codified rules governing the CAA Chemical Accident Prevention Provisions, because Respondent did not adequately implement provisions of 40 CFR Part 68 when it:
- Failed to include in the process safety information, an evaluation of the consequences of deviation as required by 40 CFR § 68.65(c)(l)(v);
- 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)(l)(ii);
- Failed to establish a system to promptly address the process hazard analysis team’s findings and recommendations; assure that the recommendations are resolved in atimely manner and that the resolution is documented; document what actions are to be taken; complete actions as soon as possible; develop a written schedule of when these
- actions are to be completed; communicate the actions to operating, maintenance and other employees whose work assignments are in the process and who may be affected by the recommendations or actions as required by 40 CFR § 68.67(e);
- Failed to update and revalidate the process hazard analysis at least every five (5) years as required by 40 CFR § 68.67(f);
- Failed to have the frequency of inspections and tests of process equipment be consistent with applicable manufacturers’ recommendations and good engineering practices, and more frequently if determined to be necessary by prior operating experience as required by 40 CFR § 68.73(d)(3);
- Failed to update process safety informatioa when a change resule ia a change in the process safety information as required by 40 CFR § 68.75(d).
Respondent agrees to pay a civil penalty of FIFTY THOUSAND FOUR HUNDRED DOLLARS ($50,400), to be paid within thirty (30) days of the effective date of this CAFO.
Source: http://yosemite.epa.gov/oa/rhc/epaadmin.nsf/Filings/752161231F7CCE2185257D8800213EEA/$File/CAFO.pdf