EPA v. SHIRLO, INC.

Case summary

7/14/05 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $6,825, DUE WITHIN 10 DAYS. ALLEGED VIOLATIONS: 1. FAILURE TO DOCUMENT AND COMPILE THE FOLLOWING AS PART OF THE PROCESS SAFETY INFORMATION: INFORMATION CONCERNING THE TECHNOLOGY OF THE PROCESS: A BLOCK FLOW DIAGRAM OR SIMPLIFIED PROCESS FLOW DIAGRAM; AND INFORMATION CONCERNING THE EQUIPMENT IN THE PROCESS: (a) MATERIALS OF CONSTRUCTION; (b) PIPING AND INSTRUMENT DIAGRAMS; (c) RELIEF SYSTEM DESIGN AND DESIGN BASIS; AND (d) DESIGN CODES AND STANDARDS EMPLOYED. 2. FAILURE TO UPDATE AND REVALIDATE THE PROCESS HAZARD ANALYSIS (PHA) EVERY 5 YEARS AFTER THE INITIAL PHA. 3. FAILURE TO DEVELOP AND IMPLEMENT WRITTEN OPERATING PROCEDURES THAT ADDRESS THE FOLLOWING: STEPS FOR EACH OPERATING PHASE: (a) INITIAL STARTUP; (b) 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. OPERATING LIMITS: (a) CONSEQUENCES OF DEVIATION; AND (b) STEPS TO CORRECT OR AVOID DEVIATION. SAFETY AND HEALTH CONSIDERATIONS: (a) PROPERTIES OF, AND HAZARDS PRESENTED BY THE CHEMICALS USED IN THE PROCESS; (b) PRECAUTIONS NECESSARY TO PREVENT EXPOSURE, INCLUDING ENGINEERING CONTROLS, ADMINISTRATIVE CONTROLS AND PERSONAL PROTECTIVE EQUIPMENT; AND (c) CONTROL MEASURES TO BE TAKEN IF PHYSICAL CONTACT OR AIRBORNE EXPOSURE OCCURS; AND SAFETY SYSTEMS AND THEIR FUNCTIONS. 4. FAILURE TO CERTIFY ANNUALLY THAT THE OPERATING PROCEDURES ARE CURRENT AND ACCURATE, AND THAT PROCEDURES HAVE BEEN REVIEWED AS OFTEN AS NECESSARY. 5. FAILURE TO PROVIDE REFRESHER TRAINING AT LEAST EVERY 3 YEARS, OR MORE OFTEN IF NECESSARY, TO EACH EMPLOYEE INVOLVED IN OPERATING A PROCESS TO ASSURE THAT THE EMPLOYEE UNDERSTANDS AND ADHERES TO THE CURRENT OPERATING PROCEDURES. 6. FAILURE TO ASCERTAIN AND DOCUMENT IN A RECORD (INCLUDING EMPLOYEE IDENTIFY, DATE OF TRAINING, AND THE MEANS USED TO VERIFY EMPLOYEE UNDERSTANDING) THAT EACH EMPLOYEE INVOLVING IN OPERATING A PROCESS HAS RECEIVED AND UNDERSTOOD TRAINING ON OPERATING PROCEDURES. 7. FAILURE TO ESTABLISH AND IMPLEMENT WRITTEN PROCEDURES TO MAINTAIN THE ON-GOING INTEGRITY OF THE PROCESS EQUIPMENT. 8. FAILURE TO CONDUCT AND DOCUMENT AUDITS AT LEAST EVERY 3 YEARS, AND CERTIFY, BASED ON SUCH AUDITS, THAT THE STATIONARY SOURCE HAS EVALUATED COMPLIANCE WITH THE PROVISIONS OF THE PREVENTION PROGRAM AND VERIFIED THAT THE DEVELOPED PROCEDURES AND PRACTICES ARE ADEQUATE AND BEING FOLLOWED.

Defendants (1)

• SHIRLO, INC.Named in complaintNamed in settlement

Facilities (1)

• SHIRLO INC

  4242 B.F. GOODRICH BOULEVARD, MEMPHIS, TN, 38118-6920

  Registry ID: 110000374372

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• SHIRLO, INC.entered 2005-07-14

  Primary law: CAA

  Federal penalty: $6,825

Timeline (4 milestones)

• 2005-07-14Final Order Issued
• 2005-07-14Complaint Filed/Proposed Order
• 2005-07-26Enforcement Action Data Entered
• 2005-08-17Enforcement Action Closed