Respondent has six regulated substances present at the Facility:
anhydrous ammonia, carbon disulfide, 2-butene, 3-butadiene, propylene, and ethyl mercaptan. Respondent’s Facility manufactures sulfuric acid and regenerates spent sulfuric acid, meeting the definition of “process”, as defined by 40 C.F.R. § 68.3.
Respondent has a quantity of the aforementioned chemicals greater than the threshold.
ALLEGED VIOLATIONS
Training
Of the six employees randomly selected for review, one employee was seven (7) months late in completing their refresher training.
Respondent’s failure to complete refresher training in a timely manner, as required, is a violation of by 40 C.F.R. § 68.71(b).
Emergency Response Program
Respondent failed to develop and implement an emergency response program that included proper documentation of first aid and emergency medical treatment, as necessary to treat accidental human exposure.
Respondent’s failure to develop and implement its emergency response program fully is a violation of 40 C.F.R. § 68.95(a)(1)(ii).
EPA has assessed a civil penalty of $40,000.