On May 31, 2012 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 May 31, 2012 inspection and documents submitted by Respondent, EPA has determined that the respondent violated the following regulations:
- 40 C.F.R. 68.36 – Respondent failed to review and update the Offsite Consequence analyses at least once every five years.
- 40 C.F.R. 68.67(5) – Respondent failed to conduct a process hazard analysis that addressed stationary source siting.
- 40 C.F.R. 68.67(6) – Respondent failed to conduct a process hazard analysis that addressed human factors.
- 40 C.F.R. 68.69(c) – Respondent failed to certify annually that operating procedures are current and accurate.
- 40 C.F.R. 68.73(b) – Respondent failed to establish written operating procedures to maintain the ongoing integrity of process equipment that includes the crane and the chlorine sensor inspections and calibrations.
- 40 C.F.R. 68.73(d)(3) – Respondent failed to perform inspections and tests on the crane at a frequency consistent with applicable manufacturers’ recommendations and good engineering practices, and more frequently if determined to be necessary by prior operating experience.
- 40 C.F.R. 68.79(d) – Respondent failed to determine and document an appropriate response to each of the findings of the compliance audit and document the deficiencies have been corrected.
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