5/28/20 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $6,000. RESPONDENT SHALL MAKE PAYMENT WITHIN FIFTEEN DAYS.
ALLEGED VIOLATIONS -
BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY LOCATED ON JUNE 27, 2019, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S SECTION 112(r)(7) CHEMICAL ACCIDENT PREVENTION PROVISIONS 42 U.S.C. SECTION 7412(r)(7), WHEN AT THE TIME INSPECTION. RESPONDENT DID NOT PROVIDE EVIDENCE THAT:
IT DOCUMENTED THAT EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES, AS REQUIRED BY 40 C.F.R. SECTION 68.65(d)(2) WHEN THERE WAS NO NATIONAL FIRE PROTECTION ASSOCIATION PLACARD INDICATING THE DEGREE OF HAZARD, FLAMMABILITY, AND REACTIVITY ON THE DOORS ENTERING THE AMMONIA PROCESS WAREHOUSE.
IT ESTABLISHED A SYSTEM TO PROMPTLY ADDRESS THE PROCESS HAZARD ANALYSIS TEAM'S FINDINGS AND RECOMMENDATIONS; ASSURE THAT THE RECOMMENDATIONS ARE RESOLVED IN A TIMELY MANNER AND THAT THE RESOLUTION IS DOCUMENTED; DOCUMENT WHAT ACTIONS ARE TO BE TAKEN; COMPLETE ACTIONS AS SOON AS POSSIBLE; AND DEVELOP A WRITTEN SCHEDULE OF WHEN THESE ACTIONS ARE TO BE COMPLETED AS REQUIRED BY 40 C.F.F. SECTION 68.67(e), WHEN THERE WAS NOT A SYSTEM TO ASSIGN ACTION ITEMS TO STAFF, NO WRITTEN SCHEDULE OF WHEN THE ACTIONS ARE TO BE COMPLETED, NO DATE OF COMPLETION FOR EACH ITEM, AND NO DOCUMENTATION OF RESOLUTION:
IT DEMONSTRATED THAT THE OPERATING PROCEDURES WERE REVIEWED AS OFTEN AS NECESSARY