2/15/2023? EXPEDITED SETTLEMENT AGREEMENT ISSUED ASSESSING A PENALTY OF $3,000. PENALTY DUE WITHIN 15 DAYS.
ALLEGED VIOLATIONS:
BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY LOCATED IN GUNTERSVILLE, ALABAMA, ON MAY 17, 2022, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S SECTION I12(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:
1. IT DOCUMENTED THAT EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES AS REQUIRED BY 40 C.F.R. ? 68.65(D)(2), BECAUSE: (A) FROST BUILD UP OBSERVED AROUND PIPING AND EQUIPMENT IN THE ENGINE ROOM WHERE VALVE GROUPS ARE PRESENT (REF: AMERICAN NATIONAL STANDARDS INSTITUTE/INTERNATIONAL INSTITUTE OF AMMONIA REFRIGERATION (ANSI/UAR) 2- 2014 SECTION 5. I0.1 (CONDENSATION AND FROST CONTROL)) (B): B. SOME AMMONIA PIPES ON THE ROOF HAD MISSING LABELS OR LABELS THAT WERE FADED AND/OR PEELING OFF (REF: ANSI/IIAR 2-2014 SECTION 5.14.6); AND (C): A VALVE GROUP ASSOCIATED WITH A CONDENSER (EC-2) THAT IS LOCATED OUTSIDE ON THE ROOF BAD SIGNS OF RUST (REF: ANSVIIAR 6-2019 SECTION 11.1.1.2).
2. THE OWNER OR OPERATOR CORRECTED DEFICIENCIES IN EQUIPMENT THAT ARE OUTSIDE ACCEPTABLE LIMITS (REF: PROCESS SAFETY INFORMATION IN 40 C.F.R. ? 68.65) BEFORE FURTHER USE OR IN A SAFE AND TIMELY MANNER WHEN NECESSARY MEANS ARE TAKEN TO ASSURE SAFE OPERATION AS REQUIRED BY 40 C.F.R. ? 68.73(E), RE