Respondent operates water filtration plants which store or otherwise use chlorine in an amount exceeding its applicable thresholds of 2,500 pounds. Respondent has submitted and registered an RMPlan to the EPA for these stationary sources and has developed an RMProgram (accident release prevention program) for these stationary sources. Based on an RMProgram compliance monitoring investigation conducted by EPA on February 20, 2013, at the Carson Filter Plant; February 21, 2013, at the Putnum Filter Plant; and February 22, 2013, at the Western Filter Plant, 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:
H.Y. Carson Filter Plant
1. Failure to document other persons responsible for implementing individual requirements of the risk management program and define the lines of authority through an organization chart or similar document as required by 40 CFR § 68.58(g);
2. Failure to train or caused to be trained each employee, involved in maintaining the on-going mechanical integrity of the process, in the hazards of the process, in how to avoid or correct unsafe conditions, and in the procedures applicable to the employe e’s job tasks as required by 40 CFR 40 § 68.56(b );
3. Failure to use a written plan that complies with other Federal contingency plan regulations · or is consistent with the approach in the National Response Team’s Integrated Contingency Guidance (“One Plan “) as required by 40 CFR § 68.95(b );
4. Failure to provide in the RMP, information on mitigation systems in use as required by 40 CFR § 68.170(e)(4);
5. Failure to review and update the RMP and submit it to the EPA within six months of a change requiring a revised process hazard analysis (PHA) or hazard review as required by 40 CFR § 68.190(b)(5);
6. Failure to submit corrected information within 30 days of the change of the emergency contact as required by 40 CFR § 68.195(b);
Putnam Filter Plant
7. Failure to document other persons responsible for implementing individual requirements of the risk management program and define the lines of authority through an organization chart or similar document as required by 40 CFR § 68.15( c);
8. Failure to compile and maintain Material Safety Data Sheets that meet the requirements of the OSHA Hazard Communication Standard related to regulated substances, processes, and equipment as required by 40 CFR § 68.48(a)(1);
9. Failure to train or caused to be trained each employee involved in maintaining ongoing mechanical integrity of the process, in the hazards of the process, in how to avoid or correct unsafe conditions, and in the procedures applicable to the employee’s job tasks as required by 40 CFR § 68.56(b);
10. Failure to perform or caused to be performed inspections and tests on process equipment that followed recognized and generally accepted engineering practices as required by 40 CFR § 68.56(d);
11. Failure to use a written plan that complies with other Federal contingency plan regulations or is consistent with the approach in the “One Plan” as required by 40 CFR § 68.95(b);
12. Failure to provide in the RMP, information on mitigation systems in use as required by 40 CFR §68.170(e)(4);
13. Failure to review and update the RMP and submit it to the EPA within six months of a change requiring a revised PHA or hazard review as required by 40 CFR § 68.190(b)(5);
Western Filter Plant
14. Failure to use a written plan that complies with other Federal contingency plan regulations or is consistent with the approach in the “One Plan” as required by 40 CFR § 68.95(b);
15. Failure to provide in the RMP, information on mitigation systems in use as required by 40 CFR § 68.170(e)(4);
16. Failure to review and update the RMP and submit it to the EPA within six months of a change requiring a revised PHA or hazard review as required by 40 CFR § 68.190(b)(5);
17. Failure to submit corrected information within 30 days of a change of the emergency contact as required by 40 CFR § 68.195(b) ;
Respondent agrees to pay a civil penalty of THIRTY-NINE THOUSAND TWO HUNDRED DOLLARS ($39,200).
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