On January 15 and 16, 2013, EPA conducted a compliance inspection of the Respondent’s facility to determine compliance with the Risk Management Plan (RMP) regulations promulgated at 40 C.F.R. Part 68 under Section 112(r) of the CAA. The EPA found that the Respondent had violated regulations implementing Section 112(r) of the CAA by failing to comply with the regulations as noted on the enclosed Risk Management Program Inspection Findings (RMP Findings), which include:
Hazard Assessment
Defining Offsite Impacts-Population [§ 68.30(a)] $600
The owner or operator failed to estimate in the RMP the population within a circle with its center at the point of the release and a radius determined by the distance to the endpoint defined in § 68.22(a).
Documentation [§ 68.39(e)] $300
The owner or operator failed to maintain records of the data used to estimate population and environmental receptors potentially affected on the offsite consequence analyses.
Prevention Program
Process Safety Information[§ 68.65(d)(1)(vii)] $600
The owner or operator failed to provide material and energy balances for processes built after June 21, 1999.
Process Safety Information[§ 68.65(d)(2)] $1,500
The owner or operator failed to document that equipment complies with recognized and generally accepted good engineering practices.
Operating Procedures [§ 68.69(a)] $1,500
The owner or operator failed to develop and implement written operating procedures that provide clear instructions for safely conducting activities involved with each covered process consistent with the process safety information. Prevention Program
Operating Procedures[§ 68.69(b)] No Penalty Assessed
The owner or operator failed to have operating procedures readily accessible to employees who are involved in a process.
Operating Procedures [§ 68.69(c)] $1,200
The owner or operator failed to certify annually that the operating procedures are current and accurate and that procedures have been reviewed as often as necessary.
Operation Procedures[§ 68.69(d)] $900
The owner or operator failed to develop and implement safe work practices to provide for the control of hazards during specific operations, such as lockout/tagout.
In 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 violations, described in the enclosed RMP Findings, for the total penalty amount of $6,600.
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