Respondent submitted and EPA has approved a single RMPlan that includes an accidental release prevention program for its stationary source. EPA alleges for the purpose of this Agreement:
- At the time of the EPA inspection, the Respondent had an RMProgram level 2 covered process that stores or otherwise uses peracetic acid, which is a regulated substance, in an amount exceeding its applicable threshold of 10,000 pounds.
- On May 8, 2014, 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 for the covered processes at its stationary source.
- At the time of the inspection, the Respondent had used the maximum inventory of the regulated substance to determine the worst case release scenario instead of the greatest amount held only in a single vessel.
- At the time of the inspection, the Respondent did not provide records satisfactory to the EPA relative to Respondent’s consideration or review of the hazards associated with a regulated substance.
- At the time of the inspection, inventory records indicated the facility stored over 10,000 pounds of peracetic acid as part of its process beginning January 2013, however, the Respondent did not submit a RMPlan until March 3, 2014.
ALLEGED VIOLATIONS OF LAW
Based on EPA’s compliance monitoring investigation, the EPA alleges that the Respondent violated the codified rules governing the Act’s Chemical Accident Prevention Provisions, because Respondent did not adequately implement the provisions of 40 C.F.R. Part 68 when it:
- Failed to determine the worst case release quantity using the greatest amount held only in a single vessel as required by 40 CFR § 68.25(b)(1);
- Failed to conduct a review of the hazards associated with the regulated substance as required by 40 CFR § 68.50(a)(1); and
- Failed to submit a single RMP as required by 40 CFR § 68.150(a), prior to March 3, 2014.
Respondent agrees to pay a civil penalty of FIFTY NINE THOUSAND EIGHT HUNDRED FIFTY DOLLARS ($59,850.00).
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