SPECIAL NOTE: I normally do not post small cases like this; however, this case involves a facility not counting railcars that have been disconnected from their motive power in the Maximum Intended Inventory for the Process Quantaties.
On September 1, 2015 an authorized representative of the EPA conducted a compliance inspection of the Respondent’s facility to determine compliance with the Risk Management Program regulations. The EPA during the inspection and subsequent document review found that the Respondent had violated regulations implementing Section 112(r) of the CAA) by failing to comply with the regulations as noted below.
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 CAA 112(r) violations, described in the enclosed Findings, for the total penalty amount of $4,600.
VIOLATIONS
Risk Management Plan [§68.160(b)(7)]
PENALTY AMOUNT = $1,000
The owner or operator failed to have a single registration form including the name and CAS number of each regulated substance held above the threshold quantity in the process and the maximum quantity of each regulated substance or mixture in the process (in pounds) to two significant digits. Specifically:
- owner or operator failed to add the amount of material held in railcars that have been disconnected from the motive power to the maximum value reported on the Risk Management Plan (RMP); and
- the Tier II report shows that the C4 flammable mixture includes isobutylene, owner or operator failed to include this constituent of the flammable mixture on the RMP.
Prevention Program
Process Safety Information [§68.65(c)(1)(iii)]
No Penalty Assessed
The owner or operator failed to accurately document the maximum intended inventory. Specifically owner or operator needs to include the pounds of regulated substances that may be present in railcars that have been disconnected from motive power in the documents.
Hazard Assessment Review, Update, and Documentation[§ 68.30(c)]
PENALTY AMOUNT = $600
The owner or operator failed to use the most recent Census data for the for the November 2011 RMP resubmission. Updated census information was available starting in April 2011.
Accident History [§68.195(a)]
PENALTY AMOUNT = $2,000
The owner or operator failed to report an accident on 1/22/2011 within 6 months of the release or by the time the RMP was updated as required at 68.190.
Emergency Contact[§ 68.195(b)]
PENALTY AMOUNT = $1,000
The owner or operator failed to update the emergency contact infonnation on the RMP within a month of the change. The person listed in the November 2011 RMP left the facility in June 2014. The RMP was not corrected until August 2015.
Total Unadjusted Penalty = $4,600
Total Adjusted Penalty= $4,600
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