12/20/16 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $2300. RESPONDENT SHALL MAKE PAYMENT WITHIN FIFTEEN (15) DAYS.
ALLEGED VIOLATIONS:
BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY, ON APRIL 12, 2016, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PROGRAM, WHEN AT THE TIME OF INSPECTION, RESPONDENT DID NOT PROVIDE THAT:
IT PROMPTLY DETERMINED AND DOCUMENTED AN APPROPRIATE RESPONSE TO EACH OFTHE FINDINGS OF ITS COMPLIANCE AUDIT AND DOCUMENTED THAT DEFICIENCIES HAVE BEEN CORRECTED AS REQUIRED BY 40 CFR SECTION 68.79(d); AND
IT SUBMITTED THE DATA FOR ANY ACCIDENTAL RELEASE MEETING THE FIVE-YEAR ACCIDENT HISTORY REPORTING CRITERIA OF SECTION 68.42 AND OCCURRING AFTER APRIL 9, 2004, RQUIRED UNDER THE SECTIONS 68.168, 68.1790(j), AND 68.175(1), WITH RESPECT TO THAT ACCIDENT WITHIN SIX MONTHS OF THE RELEASE DATE OR BY THE TIME THE RMP IS UPDATED UNDER SECTION 68.190, WHICHEVER IS EARLIER AS REQUIRED BY 40 CFR SECTION 68.195(a).