6/5/2009 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $1410. BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY ON SEPTEMBER 5, 2007, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDENCE THAT:
IT HAS PERFORMED AND DOCUMENTED AN INITIAL PROCESS HAZARD ANALYSIS, TO IDENTIFY, EVALUATE AND CONTROL THE HAZARDS INVOLVED IN THE PROCESS AS REQUIRED BY 40 CFR SECTION 68.67(a): IT HAS DEVELOPED WRITTEN OPERATING PROCEDURES WHICH ADDRESS THE FOLLOWING:
STEPS FOR EACH OPERATING PHASE:
(A) EMERGENCY SHUTDOWN INCLUDING THE CONDITIONS UNDER WHICH EMERGENCY SHUTDOWN IS REQUIRED, AND THE ASSIGNMENT OF SHUTDOWN RESPONSIBILITY TO QUALIFIED OPERATORS TO ENSURE THAT EMERGENCY SHUTDOWN IS EXECUTED IN A SAFE AND TIMELY MANNER AS REQUIRED BY 40 CFR SECTION 68.69(a)(1)(iv):
IT HAS DEVELOPED AND IMPLEMENTED WRITTEN OPERATING PROCEDURES THAT ADDRESS THE FOLLOWING ELEMENTS FOUND AT 40 CFR SECTIN 68.60(a): (3) SAFETY AND HEALTH CONSIDERATIONS,INCLUDING (i) PROPERTIES OF, AND HAZARDS PRESENTED BY THE CHEMICALS USED IN THE PROCESS; AND (iii) CONTROL MEASURES TO BE TAKEN IF PHYSICAL CONTACT OR AIRBORNE EXPOSURE OCCURS;
IT IMPLEMENTED ITS MANAGEMENT OF CHANGE PROCEDURES WHEN IT ADDED THE AUTOMATIC CHANGE OVER SYSTEM TO THE PROCESS AS REQUIRED BY 40 CFR SECTION 68.75(a); AND IT HAS CONDUCTED AUDITS TO EVALUATE ITS COMPLIANCE WITH THE CHEMICAL ACCIDENT PREVENTION PROGRAM REQUIREMENTS AT