5/11/09 - EXPEDITED SETTLEMENT AGMT ISSUED, ASSESSING A PENALTY OF $690, DUE WITHIN 15 DAYS.
ALLEGATIONS:
EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CAA'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDE EVIDENCE THAT:
AS PART OF ITS SAFETY INFORMATION DOCUMENTATION, IT HAS COMPILED AND MAINTAINED THE FOLLOWING INFORMATION PERTAINING TO THE TECHNOLOGY OF THE PROCESS AS REQUIRED BY 40 CFR 68.65(c)(1): (iii) MAXIMUM INTENDED INVENTORY; AND (v) AN EVALUATION OF THE CONSEQUENCES OF DEVIATION;
AS PART OF ITS SAFETY INFORMATION DOCUMENTATION, IT HAS COMPLIED AND MAINTAINED THE FOLLOWING INFORMATION PERTAINING TO THE EQUIPMENT IN THE PROCESS AS REQUIRED BY 40 CFR 68.65(d)(1): (iii) ELECTRICAL CLASSIFICATION; AND (vi) DESIGN CODES AND STANDARDS EMPLOYED;
IT HAS DEVELOPED AND IMPLEMENTED WRITTEN OPERATING PROCEDURES THAT ADDRESS THE FOLLOWING ELEMENTS FOUND AT 40 CFR 68.69(a): (3) SAFETY AND HEALTH CONSIDERATION, INCLUDING (i) PROPERTIES OF, AND HAZARDS PRESENTED BY THE CHEMICALS USED IN THE PROCESS; (ii) PRECAUTIONS NECESSARY TO PREVENT EXPOSURE, INCLUDING ENGINEERING CONTROLS, ADMINISTRATIVE CONTROLS AND PERSONAL PROTECTIVE EQUIPMENT; AND (iii) CONTROL MEASURES TO BE TAKEN IF PHYSICAL CONTACT OR AIRBORNE EXPOSURE OCCURS;
IT HAS ANNUALLY CERTIFIED THAT ITS OPERATING PROCEDURES ARE CURRENT AND ACCURATE AS REQUIRED BY 40 CFR 68.69(c);
IT HAS PREPARED A RECORD OF TRAINING ON OPERATING PROCEDURES (REFRESHER TRAINING IS REQUIRED AT LEAST EVERY