12/4/2012 - EXPEDITED SETTLEMENT AGREEMENT (ESA) ISSUED, ASSESSING A PENALTY OF $1,440. RESPONDENT SHALL MAKE PAYMENT WITHIN FIFTEEN DAYS OF RECEIVING A COPY OF THE FULLY EXECUTED ESA.
ALLEGED VIOLATIONS:
BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY ON MAY 2, 2012, EPA ALLEGES THAT THE RESPONDENT THE ACT'S CHEMICAL ACCIDENT PREVENTION PROGRAM, WHEN AT THE TIME OF INSPECTION, RESPONDENT DID NOT PROVIDE EVIDENCE THAT: IT ESTABLISHED AND IMPLEMENTED WRITTEN PROCEDURES TO MAINTAIN THE ON-GOING INTEGRITY OF THE PROCESS EQUIPMENT AS REQUIRED BY 40 CFR SECTION 63.73(b) AND, IT CORRECTED DEFICIENCIES IN EQUIPMENT THAT WERE OUTSIDE ACCEPTABLE LIMITS DEFINED BY THE PROCESS SAFETY INFORMATION BEFORE USE OR IN A SAFE AND TIMELY MANNER WHEN NECESSARY MEANS WERE TAKEN TO ASSURE SAFE OPERATION AS REQUIRED BY 40 CFR SECTION 63.73(e).