On September 1, 2016, EPA conducted a compliance inspection of the Respondent’s facility to determine compliance with the Chemical Accident Prevention Provisions (CAPP) 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 Chemical Accident Prevention Provisions Inspection Findings (CAPP Findings), which is hereby incorporated by reference. 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 CAPP Findings, for the total penalty amount of $10,080.
VIOLATIONS, PENALTY, AMOUNT
Hazard Assessment – No Penalty Assessed
Defining off-site impacts – Population [§ 68.30(a)]
The owner or operator failed to estimate the population that would be included in the distance to endpoint in the Risk Management Plan based on a circle with the point of release at the center.
Facility addressed this post inspection
Hazard Assessment – $1,200
Review and Update [§ 68.36(a)]
The owner or operator failed review and update the off-site consequence analyses at least every 5 years.
Facility addressed this post inspection
Hazard Assessment – $600
Documentation [§ 68.39(a)]
The owner or operator failed to document, for the worst case scenario, a description of the vessel and substance selected, assumptions and parameters used, the rationale for selection, and anticipated effect of the administrative controls and passive mitigation on the release quantity and rate.
Facility addressed this post inspection
Hazard Assessment – $600
Documentation [§ 68.39(b)]
The owner or operator failed to document, for the alternative case scenario, a description of the vessel and substance selected, assumptions and parameters used, the rationale for selection, and anticipated effect of the administrative controls and passive mitigation on the release quantity and rate.
Facility addressed this post inspection
Prevention Program – $300
Safety Information [§ 68.48(a)(1)]
The owner or operator failed to compile and maintain the Safety Data Sheets (SOS) that meet the requirements of the OSHA Hazard Communication Standard [29 C.F.R. 1910.1200(g)].
Facility addressed this post inspection
Prevention Program – $300
Safety Information[§ 68.48(a)(3)]
The owner or operator failed to compile and maintain safe upper and lower temperatures, pressures, flows, and compositions.
Facility addressed this post inspection
Prevention Program – $1,500
Safety Information [§ 68.48(b)]
The owner or operator failed to ensure the process is designed in compliance with recognized and generally accepted good engineering practices.
Facility addressed this post inspection
Prevention Program – $900
Hazard Review [§ 68.50(a)]
The owner or operator failed to conduct a review of the hazards associated with the regulated substances, processes, and procedures.
Facility addressed this post inspection
Prevention Program – $1,200
Operating Procedures[§ 68.52(b)(7)]
The owner or operator failed to address the consequences of deviations and steps required to correct or avoid deviations in the Operating Procedures.
Facility addressed this post inspection
Prevention Program – $1,200
Operating Procedures [§ 68.52(b)(8)]
The owner or operator failed to address equipment inspections in the Operating Procedures.
Facility addressed this post inspection
Prevention Program – $1,200
Maintenance [§ 68.56(d)]
The owner or operator failed to perform or cause to be performed inspections and tests on process equipment following recognized and generally accepted good engineering practices at a frequency consistent with applicable manufacturers’ recommendations, industry standard or codes, good engineering practices, and prior operating experience.
Prevention Program – $1,200
Compliance Audits[§ 68.58(a)]
The owner or operator failed to certify that compliance audits are conducted at least every three years to verify that the procedures and practices are adequate and are being followed.
Facility addressed this post inspection
Prevention Program – No Penalty Assessed
Incident Investigation[§ 68.60(c)]
The owner or operator failed to prepare a summary at the conclusion of the investigation, which included, the date of incident, date investigation began, a description of incident, the factors that contributed to the incident, and any recommendations resulting from the investigation.
Facility addressed this post inspection
Risk Management Plan – $2,000
Risk Management Plan[§ 68.190(b)(1)]
The owner or operator failed to review and update the Risk Management Plan and submit it to the EPA (five-year update).
Facility addressed this post inspection
Risk Management Plan – $1,000
Risk Management Plan [§ 68.195(b)]
The owner or operator failed to submit corrected emergency contact information within thirty days of the change.
Facility addressed this post inspection
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