8/29/11 - EXPEDITED SETTLEMENT AGREEMENT ISSUED.
ALLEGED VIOLATIONS:
BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT RESPONDENT'S FACILITY ON OCT 5, 2010, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CAA'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN AT THE TIME OF THE INSPECTION, RESPONDENT DID NOT PROVIDE EVIDENCE THAT:
- IT HAS DEVELOPED AND IMPLEMENTED WRITTEN OPERATING PROCEDURES THAT PROVIDE INSTRUCTIONS OR STEPS FOR 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 68.69(a)(1)(iv); AND
- IT HAS, AT LEAST EVERY THREE YEARS, CERTIFIED THAT IT HAS EVALUATED ITS COMPLIANCE WITH THE PROVISIONS OF 40 CFR PART 68 TO VERIFY THAT ITS ACCIDENT PREVENTION PROGRAM PROCEDURES AND PRACTICES ARE ADEQUATE AND ARE BEING FOLLOWED AS REQUIRED BY 40 CFR 68.79(a).