4/7/2026 - EXPEDITED SETTLEMENT AGREEMENT ISSUED ASSESSING A PENALTY OF $ 900 TO BE PAID WITHIN THIRTY (30) CALENDAR DAYS OF RECEIVING A COPY OF THE FULLY EXECUTED ESA.
ALLEGED VIOLATIONS:
BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT?S FACILITY LOCATED AT 6000 DEAKLE ROAD, THEODORE, ALABAMA (THE FACILITY), ON JULY 29, 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 ENSURED AND DOCUMENTED THAT THE PROCESS IS DESIGNED AND MAINTAINED IN COMPLIANCE WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES, AS REQUIRED BY 40
C.F.R. ? 68.65(D)(2), DUE TO:
- PIPING THROUGHOUT THE FACILITY WAS NOT CONSISTENTLY LABELED IN ACCORDANCE WITH THE REQUIREMENTS DEFINED IN THE ASME;
- INSPECTORS OBSERVED A SECTION OF PIPING WAS NOT ADEQUATELY DESIGNED OR SUPPORTED TO MINIMIZE VIBRATION IN ACCORDANCE
WITH SECTION 301.5.4 OF ASME B31.3 (2006); AND
- INSPECTORS OBSERVED VEGETATION GROWTH IN AN ?OUT OF SERVICE? PIECE OF EQUIPMENT DESIGNATED AS THE ?DEGASSING PACKAGE.?