In August 2023, EPA conducted an inspection of the facility and discovered that it was in violation of some of the Chemical Accident Prevention Provisions (CAPP) outlined in 40 C.F.R. Part 68, as well as Section 112(r)(7)(E).
The violations include failure to keep updated documentation under 40 C.F.R. ?? 68.65 and 68.69, failure to timely correct equipment deficiencies under 40 C.F.R. ? 68.73, and failure to timely evaluate compliance with CAPP and determine appropriate responses to ensure compliance under 40 C.F.R. ? 68.79.
An ESA is appropriate here as the identified violations were minor and easily correctable. The Facility addressed all findings and recommendations identified by EPA during the inspection, including all the violations identified within the ESA. The Facility is also not a repeat violator. In addition, the penalty proposed for the violations falls within the cap that can be addressed in an ESA.