Respondent is a municipality operating a wastewater treatment plant and has submitted and registered an RMPlan to the EPA for its stationary source and has developed an RMProgram accidental release prevention program for the stationary source. At its stationary source at the time of the inspection, the Respondent had on-site for use, 4,000 pounds of chlorine for wastewater treatment purposes. The Respondent had one RMProgram level 3 covered process, which stored or otherwise used chlorine in an amount exceeding its applicable threshold of 2,500 pounds. On November 19, 2013, EPA conducted an onsite inspection of the RMProgram related records and equipment for the purpose of assessing the Respondent's compliance with the RMProgram requirements including the implemented recognized and generally accepted good engineering practices (RAGAGEP) for its covered processes at its stationary source.

  1. The Respondent had not assigned a qualified person or position that had overall responsibility for the development, implementation, and integration of the risk management program elements.
  2. The Respondent was unable to provide documentation of the design codes and standards employed relative to the specific equipment used in the Respondent's process.
  3. The Respondent was unable to provide documentation of the safety systems employed relative to the specific equipment used in the Respondent's process.
  4. The Respondent was unable to provide documentation that the Respondent's process piping complies with recognized and generally accepted good engineering practices.
  5. The Respondent was unable to provide evidence that it performed the initial process hazard analysis for the Respondent's process.
  6. The Respondent was unable to provide evidence that the operating procedures for the Respondent's covered process had been annually certified as current and accurate.
  7. The Respondent was unable to provide training documentation specific to refresher training for the process at the Respondent's facility.
  8. The Respondent was unable to provide evidence that it certified an evaluation of compliance with the RMProgram level 3 requirements at least every three years.
  9. The Respondent was unable to provide the facility's written plan of action regarding the implementation of the employee participation with the process hazard analysis and the development of other elements of process safety management.

ALLEGED VIOLATIONS OF LAW

Based on the EPA' s compliance monitoring investigation, the EPA alleges that the Respondent violated the codified rules governing the Act's Chemical Accident Prevention Provisions, because Respondent did not adequately implement provisions of 40 C.F.R. Part 68 when it:

  1. Failed to assign a qualified person or position that has the overall responsibility for the development, implementation, and integration of the risk management program elements as required by 40 C.F.R. § 68.15(b);
  2. Failed to document design codes and standards employed as required by 40 C.F.R. § 68.65(d)(1)(vi);
  3. Failed to document safety systems as required by 40 C.F.R. § 68.65(d)(1)(viii);
  4. Failed to document that piping complies with recognized and generally accepted good engineering practices as required by 40 C.F.R. § 68.65(d)(2);
  5. Failed to perform an initial process hazard analysis as required by 40 C.F.R. § 68.67(a);
  6. Failure to certify annually that operating procedures are current and accurate as required by 40 C.F.R. § 68.69(c);
  7. Failed to provide refresher training at least every three years to each employee involved in operating a process as required by 40 C.F.R. § 68.71(b);
  8. Failed to certify evaluation of compliance with the risk management program provisions at least every three years as required by 40 CFR § 68.79(a); and
  9. Failed to develop a written plan of action regarding the implementation of the employee participation as required by 40 C.F.R. § 68.83(a).

TERMS OF CONSENT AGREEMENT

Respondent agrees to pay the civil penalty of SIXTY-SIX THOUSAND FIVE HUNDRED DOLLARS ($66,500).

 

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