8/16/12 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF 43,360, DUE WITHIN 15 DAYS.
ALLEGATIONS:
BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT RESPONDENT'S FACILITY, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CAA'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN AT THE TIME OF INSPECTION, RESPONDENT DID NOT PROVIDE EVIDENCE THAT:
- IT HAS ADDRESSED STATIONARY SOURCE SITING AS PART OF ITS PROCESS HAZARD ANALYSIS AS REQUIRED BY 40 CFR 68.67(c)(5);
- 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); AND
- AS REQUIRED BY 40 CFR 68.87(b)(5), IT HAS PERIODICALLY EVALUATED THE PERFORMANCE OF ITS CONTRACTOR'S FULFILLMENT OF THEIR OBLIGATIONS UNDER 40 CFR 68.87(c).