2/23/2021 - EXPEDITED SETTLEMENT AGREEMENT ISSUED ASSESSING A PENALTY OF $3,300. PENALTY DUE WITHIN 15 DAYS.
ALLEGED VIOLATIONS:
BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT?S FACILITY LOCATED AT 1432 KY 136 EAST, CALHOUN, KENTUCKY, ON AUGUST 14, 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 CERTIFIED THAT EACH EMPLOYEE PRESENTLY OPERATING A PROCESS, AND EACH EMPLOYEE NEWLY ASSIGNED TO A COVERED PROCESS HAD BEEN TRAINED OR TESTED COMPETENT IN THE OPERATING
PROCEDURES PROVIDED IN ? 68.52 THAT PERTAIN TO THEIR DUTIES AS REQUIRED BY 40 C.F.R. ? 68.54(A);
IT PREPARED AND IMPLEMENTED PROCEDURES TO MAINTAIN THE ON-GOING MECHANICAL INTEGRITY OF THE PROCESS EQUIPMENT AS REQUIRED BY 40 C.F.R. ? 68.56(A);
IT PERFORMED INSPECTIONS AND TESTS ON PROCESS EQUIPMENT AND THE INSPECTIONS AND TESTING PROCEDURES FOLLOWED RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES AS
REQUIRED BY 40 C.F.R. ? 68.56(D).