8/13/2020- EXPEDITED SETTLEMENT AGREEMENT ISSUED ASSESSING A PENALTY OF $3,680. PENALTY DUE WITHIN 15 DAYS.
ALLEGED VIOLATIONS:
BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY LOCATED AT 4665 NORTH JACKSON HIGHWAY, MUNFORDVILLE, KENTUCKY, ON AUGUST 13, 2019, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT?S SECTION 112(R)(7), CHEMICAL ACCIDENT PREVENTION PROVISIONS, 42 U.S.C. ? 7412(R)(7), WHEN AT THE TIME OF INSPECTION RESPONDENT DID NOT PROVIDE EVIDENCE THAT:
IT ESTABLISHED A SYSTEM TO PROMPTLY ADDRESS THE PROCESS HAZARD ANALYSIS (PHA) TEAM'S FINDINGS AND RECOMMENDATIONS; IT ASSURED THAT THE RECOMMENDATIONS WERE RESOLVED IN A
TIMELY MANNER AND DOCUMENTED; IT DOCUMENTED WHAT ACTIONS WERE TO BE TAKEN; IT COMPLETED ACTIONS AS SOON AS POSSIBLE; IT DEVELOPED A WRITTEN SCHEDULE OF WHEN THESE ACTIONS WERE TO BE COMPLETED; AND IT COMMUNICATED THE ACTIONS TO OPERATING, MAINTENANCE, AND OTHER EMPLOYEES WHOSE WORK ASSIGNMENTS WERE IN THE PROCESS AND WHO MAY BE AFFECTED BY THE RECOMMENDATIONS, AS REQUIRED BY 40 C.F.R. ? 68.67(E); IT UPDATED AND REVALIDATED ITS PHA AT LEAST EVERY FIVE (5) YEARS AFTER THE COMPLETION OF THE INITIAL PHA TO ASSURE THAT THE PHA WAS CONSISTENT WITH THE CURRENT PROCESS, AS REQUIRED BY
40 C.F.R. ? 68.67(F);
IT CERTIFIED ANNUALLY THAT ITS OPERATING PROCEDURES WERE CURRENT AND ACCURATE AND THAT THE PROCEDURES WERE REVIEWED AS OFTEN AS NECESSARY, AS REQUIRED BY 40 C.F.R. ? 68.69(C);
IT DEVELOPED AND IMPLEMENTED SAFE WO