Based on an RMProgram compliance monitoring investigation initiated on June 12, 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 address safety and health considerations in written operating procedures as required by 40 CFR § 68.69(a)(3);
- Failed to prepare a record which contains the means used to verify that employees understood training as required by 40 CFR § 68.71(c);
- Failed to correct deficiencies in ammonia alarms in a safe and timely matter as required by 40 CFR § 68.73(e);
- Failed to implement Management of Change procedures prior to a change as required by 40 CFR § 68.75(b);
- Failed to perform a pre-startup review when the modification was significant enough to require a change in the process safety information as required by 40 CFR § 68.77(a);
- Failed to certify compliance audits at least every three years as required by 40 CFR § 68.79(a)
Respondent certifies that as of the date of execution of this CAFO, to the best of the Respondent’s knowledge after a good faith inquiry, it is compliant with the applicable requirements of Section 112(r) of the CAA. Respondent agrees to pay a civil penalty of $109,200.
CLICK HERE for the agreement