4/18/2024 - EXPEDITED SETTLEMENT AGREEMENT ISSUED ASSESSING A PENALTY OF $3,300. PENALTY DUE WITHIN 15 DAYS UPON RECEIPT OF THE EXECUTED ESA.
ALLEGED VIOLATIONS:
BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY LOCATED AT 5079 BLEDSOE STREET, MEMPHIS, TENNESSEE, ON OCTOBER 25, 2022, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S SECTION I 12(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 DOCUMENTED THAT EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES AS REQUIRED BY 40 C.F.R. ? 68.65(D)(2).
- IT CERTIFIED ANNUALLY THAT OPERATING PROCEDURES ARE CURRENT AND ACCURATE, AS REQUIRED BY 40 C.F.R. ? 68.69(C), BECAUSE FACILITY REPRESENTATIVES COULD NOT PRODUCE DOCUMENTATION OF CERTIFICATION OF OPERATING PROCEDURES FOR 2020 AND 2021.
- IT PREPARED A RECORD WHICH CONTAINS THE IDENTITY OF THE EMPLOYEE, THE DATE OF TRAINING, AND THE MEANS USED TO VERIFY THAT THE EMPLOYEE UNDERSTOOD THE TRAINING, AS REQUIRED BY 40 C.F.R. ? 68.7L(C), BECAUSE FACILITY REPRESENTATIVES TOLD THE INSPECTION TEAM THAT THEY PERFORM ON-THE-JOB TRAINING (OJT) WITH NEW EMPLOYEES AS INITIAL TRAINING; HOWEVER, FACILITY REPRESENTATIVES COULD NOT PRODUCE ANY DOCUMENTATION OF THE OJT.