8/30/2022 ? EXPEDITED SETTLEMENT AGREEMENT ISSUED ASSESSING A PENALTY OF $5,500. PENALTY DUE WITHIN 15 DAYS.
ALLEGED VIOLATIONS:
BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT?S FACILITY LOCATED AT 1000 S STATE DOCKS ROAD, MOBILE, ALABAMA 36602 ON JULY 21, 2021, THE 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 REVIEWED AND UPDATED THE OFFSITE CONSEQUENCE ANALYSIS AT LEAST ONCE EVERY FIVE YEARS, AS REQUIRED BY 40 C.F.R. ? 68.36(A);
- IT ENSURED THAT THE EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES (RAGAGEP), AS REQUIRED BY 40 C.F.R. ? 68.65(D)(2);
- IT ESTABLISHED A SYSTEM TO PROMPTLY ADDRESS THE TEAM'S FINDINGS AND RECOMMENDATIONS; ASSURE THAT THE RECOMMENDATIONS ARE RESOLVED IN A TIMELY MANNER, THE RESOLUTION IS DOCUMENTED, AND COMMUNICATE THE ACTIONS TO OPERATING, MAINTENANCE AND OTHER EMPLOYEES WHOSE WORK ASSIGNMENTS ARE IN THE PROCESS AND WHO MAY BE AFFECTED BY THE RECOMMENDATIONS OR ACTIONS AS REQUIRED BY 40 C.F.R. ? 68.67(E);
- IT PROMPTLY DETERMINED AND DOCUMENTED AN APPROPRIATE RESPONSE TO EACH OF THE FINDINGS OF THE COMPLIANCE AUDIT AND DOCUMENTED THAT THE DEFICIENCIES HAVE BEEN CORRECTED AS REQUIRED BY 40 C.F.R. ? 68.79(D) WHEN THE 2019 COMPLIANCE AUDIT REPORT WAS NOT ACCOMPANIED BY A CORRESPONDING REPORT AND DID NOT IDENTIFY