On July 25, 2014, 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 July 25, 2014 inspection and documents submitted by Respondent, EPA has determined that Respondent violated the following regulations:
- 40 C.F.R. § 68.39(a) Respondent failed to maintain records for the worst-case scenaiios that included a description of the vessel or pipeline and substance selected as worst case, assumptions and parameters used; the rationale for selection; assumptions including any administrative controls and any passive mitigation that were assumed to limit the quantity that could be release; and the anticipated effect of the controls and mitigation on the release quantity and rate.
- 40 C.F.R. § 68.39(b) Respondent failed to maintain records for the alternative release scenario that included a description a description of the scenario identified, assumptions and parmeters used, the rationale for selection; assumptions including any administrative controls and any passive mitigation that were assumed to limit the quantity that could be release; and the anticipated effect of the controls and mitigation on the release quantity and rate.
- 40 C.F.R. § 68.39(e) Respondent failed to maintain records that included data used to estimate population and environmental receptors potentially affected.
- 40 C.F.R. § 68.67e) Respondent failed to address the team’s findings and recommendations from the 2011 Process Hazard Analysis in a timely manner.
- 40 C.F.R. § 68.79(a) Respondent failed to certify that the owner or operator has evaluated compliance at least every three years to verify that procedures and practices developed are adequate and are being followed.
- 40 C.F.R. § 68.81(a) Respondent failed to investigate each incident which resulted in or could reasonably have resulted in a catastrophic release of a regulated substance.
SETTLEMENT In consideration of Respondent’s full compliance history, 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 $5,400.
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