The Respondent, a manufacturer, packager and distributer of multiple grades of high-purity solvents, acids, salts and bonded phase products, has four RMProgram covered processes which stores or otherwise uses chloroform, ethyl ether, formaldehyde, and hydrogen fluoride in amounts exceeding their applicable thresholds of 20,000; 10,000; 15,000; and 1,000 pounds respectively. Based on an RMProgram compliance monitoring investigation initiated on February 16, 2012, 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 document named individuals or positions responsible for implementing individual requirements of the risk management program, and define the lines of authority through an organization chart or similar document as required by 40 CFR § 68.15(c);
- Failed to document a block flow diagram or simplified process flow diagram for the hydrogen fluoride process as required by 40 CFR § 68.65(c)(l)(i);
- Failed to document the correct maximum intended inventory for chloroform and hydrogen fluoride as required by 40 CFR § 68.65(c)(l)(iii);
- Failed to perform an initial process hazard analysis (hazard evaluation) on covered processes as required by 40 CFR § 68.67(a);
- Failed to certify annually that operating procedures are current and accurate as required by 40 CFR § 68.69(c);
- Failed to document responses to each of the findings of the 2009 compliance audit, and document that deficiencies have been corrected as required by 40 CFR § 68.79(d)
Respondent agrees to pay a civil penalty of THIRTY THOUSAND SIX HUNDRED FIFTY FOUR DOLLARS ($30,654), to be paid within thirty (30) days of the effective date of this CAFO.
CLICK HERE to download the agreement