On September 14, 2011 EPA conducted a compliance inspection to determine its compliance with the Risk Management Plan (“RMP”) regulations promulgated pursuant to Section 112(r) of the Act,. and set forth at 40 C.F.R. Part 68. Based on the Inspection and documents submitted by Respondent, EPA has determined that Respondent violated the following regulations:
Process Safety Information
40 C.F.R. § 68.65(c)(1)(iv)- Respondent failed to document information pertaining to the safe upper and lower limits for such items as temperatures, pressures, flows or compositions;
40 C.F.R. § 68.65(c)(1)(v)- Respondent failed to document information pertaining to an evaluation of the consequences of deviation;
40 C.F.R. § 68.65(d)(1)(iii)- Process Safety Information provided by the Respondent failed to contain information pertaining to the process’ electrical classification;
40 C.F.R. § 68.65(d)(1)(iv)-P rocess Safety Information provided by the Respondent failed to contain information pertaining to the process’ relief system design and design basis;
40 C.F.R. § 68.65(d)(1)(v)-Process Safety Information provided by the Respondent failed to contain information pertaining to the process’ ventilation system design;
40 C.F.R. § 68.65(d)(1)(vi)-Process Safety Information provided by the Respondent failed to contain information pertaining to the process’ design codes and standards employed;
40 C.F.R. § 68.65(d)(1)(vii)-Process Safety Information provided by the Respondent failed to contain information pertaining to the Materials and Energy balances for the process;
40 C.F.R. § 68.65(d)(1)(viii)-Process Safety Information provided by the Respondent failed to contain information pertaining to the process safety systems;
40 C.F.R. § 68.65(d)(2)- Respondent failed to document that equipment complies with recognized and generally accepted good engineering practices;
Operating Procedures
40 C.F.R. § 68.69(d)- Respondent failed to certify annually that the operating procedures are current and accurate and that procedures have been reviewed as often as necessary.
SETTLEMENT
In consideration of the full compliance history of the Respondent, its good faith efforts to comply, other factors as justice may require, and upon consideration of the entire record, the parties enter into this ESA in order to resolve any civil penalties for these alleged violations for the total penalty amount of $7,500.