On March 19, 2015, EPA conducted a compliance inspection of the Respondent’s facility to determine compliance with the Risk Management Plan (RMP) regulations. The EPA found that the Respondent had violated regulations implementing Section 112(r) of the CAA by failing to comply with the regulations as noted on the enclosed Risk Management Program Inspection Findings (RMP Findings), which is hereby incorporated by reference.
VIOLATIONS
Risk Management Plan [68.190(b)(1)] $2,000
The owner or operator failed to revise and update the RMP at least once every five years from the date of its initial submission or most recent update.
RMP submitted March 25, 2015
Executive Summary [68.155(f)] No penalty assessed
The owner or operator failed to include in the Executive Summary a brief description of the planned changes to improve safety.
Facility addressed this post inspection.
Registration [68.160(b)(6)] No penalty assessed
The owner or operator failed to include the email address of the emergency contact in the RMP registration information.
Facility addressed this post inspection.
Management [68.15(a)] $1,200
The owner or operator shall develop a management system to oversee the implementation of the risk management program elements.
Prevention Program Safety Information [68.48(a)(5)] $300
The owner or operator failed to maintain a copy of the codes and standards used to design, build, and operate the process.
Facility addressed this post inspection.
Safety Information [68.48(b)] $1,500
The owner or operator failed to ensure the process is designed in compliance with recognized and generally accepted and good engineering practices.
Prevention Program Compliance Audits [68.58(d)] $300
The owner or operator failed to document an appropriate response to each of the findings of the Compliance audit and documented that deficiencies had been corrected.
SETTLEMENT
In consideration of Respondent’s size of business, its full compliance history, its good faith effort to comply, and other factors as justice may require, and upon consideration of the entire record, the parties enter into the ESA in order to settle the violations, described in the enclosed RMP Findings, for the total penalty amount of $3,180.
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