06/19/2007 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF$6,240, DUE WITHIN 15 DAYS. ALLEGED VIOLATIONS: RESPONDENT DID NOT:
PROVIDE EVIDENCE THAT IT HAD PERFORMED AND DOCUMENTED A PROCESS HAZARD ANALYSIS WHICH IDENTIFIED, EVALUATED AND CONTROLLED THE HAZARDS INVOLVED IN THE PROCESS AS REQUIRED BY 40 CFR 68.67(a);
PROVIDE EVIDENCE THAT IT HAD DEVELOPED AND IMPLEMENTED WRITTEN OPERATING PROCEDURES THAT PROVIDE INSTRUCTIONS OR STEPS FOR CONDUCTING ACTIVIEIS ASSOCIATED WITH THE COVERED PROCESS AS REQUIRED BY 40 CFR 68.69(a);
PROVIDE EVIDENCE THAT IT HAS, AT LEAST EVERY 3 YRS, EVALUATED ITS COMPLIANCE WITH THE PREVENTION PROGRAM REQUIREEMNTS AND CERTIFIED THAT ITS PROCEDURES AND PRACTICES ARE ADEQUATE AND ARE BEING FOLLOWED AS REQUIRED BY 40 CFR 68.79(a); AND
SUBMIT ITS RISK MGMT PLAN BEFORE ITS COVERED PROCESS CONTAINED A REGULATED SUBSTANCE EQUAL TO OR GREATER THAN THE APPLICABLE THRESHOLD QUANTITY (10,000 POUNDS FOR ANHYDROUS AMMONIA). DURING THE INSPECTION, RESPONDENT STATED THAT ITS ANHYDROUS AMMONIA PROCESS CONTAINED MORE THAN 10,000 POUNDS OF ANHYDROUS AMMONIA AS FAR BACK IN TIME AS JUNE 21, 1999. HOWEVER, RESPONDENT'S RMPLAN WAS NOT SUBMITTED UNTIL SEPT 28, 2001 (POSTMARK DATE).