10/20/05 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $990, DUE WITHIN 15 DAYS.
ALLEGED VIOLATIONS:
RESPONDENT VIOLATED REGULATIONS IMPLEMENTING SECTION 112(r) OF THE CAA BY FAILING TO COMPLY WITH THE REQUIREMENTS OF THE 40 CFR SECTION 68. THE SPECIFIC ALLEGED VIOLATIONS CITED BELOW ARE RELEVANT TO THE ANHYDROUS AMMONIA AND IRON, PENTACARBONYL PROCESSES:
1. FAILURE TO ESTABLISH A SYSTEM TO PROMPTLY ADDRESS PROCESS HAZARD ANALYSIS RELATED FINDINGS AND RECOMMENDATIONS BY NOT DEVELOPING A WRITTEN SCHEDULE FOR IMPLEMENTATION OF SUCH FINDINGS AND RECOMMENDATIONS, AND BY NOT DOCUMENTING THE ACTUAL RESOLUTION OF SUCH FINDINGS AND RECOMMENDATIONS (40 CFR 68.67(e)).
2. FAILURE TO UPDATE AND REVALIDATE THE PROCESS HAZARD ANALYSIS AT LEAST EVERY 5 YEARS (40 CFR 68.67(f).
3. FAILURE TO DOCUMENT THAT DEFICIENCIES RESULTING FROM THE REQUIRED RMP SPECIFIC COMPLIANCE AUDIT HAD BEEN PROMPTLY CORRECTED (40 CFR 68.79(d)).