December 07, 2017
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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The United States Environmental Protection Agency (“EPA”) and Republic Plastics, L.P., K-1 Facility (“RP”) entered into a November 14th Expedited Settlement Agreement (“ESA”) addressing alleged violations of Section 112(r)(7) of the Clean Air Act. See Docket No. CAA-04-2017-8013(b).
The ESA provides that RP is a Knoxville, Tennessee facility subject to Section 112(r)(7) of the Clean Air Act.
EPA is stated to have conducted a compliance monitoring inspection at the RP facility on April 6, 2016. It is alleged that RP violated the Clean Air Act’s Chemical Accident Prevention Program by not providing the federal agency evidence that:
- Its process safety information included accurate piping and instrument diagrams pertaining to the equipment in the process as required by 40 CFR § 68.65(d)(1)(ii);
- It documented that equipment complies with recognized and generally accepted good engineering practices as required by 40 CFR § 68.65(d)(2);
- It updated and revalidated the initial PHA at least every 5 years to assure that the process hazard analysis is consistent with the current process as required by 40 CFR § 68.67(f)
A $3,680 civil penalty is assessed.
A copy of the ESA can be downloaded here.
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