EPA v. AIRGAS SOUTH, INC.

Case summary

6/9/11 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $1,800, DUE WITHIN 15 DAYS. ALLEGATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY ON AUGUST 11, 2010, 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 HAD COMPILED INFO CONCERNING THE TECHNOLOGY OF THE PROCESS INCLUDING SAFE UPPER AND LOWER LIMITS FOR SUCH ITEMS AS TEMPERATURES, PRESSURES, FLOWS OR COMPOSITIONS AS REQUIRED BY 40 CFR 68.65(c)(1)(iv); IT HAD COMPILED INFORMATION PERTAINING TO THE EQUIPMENT IN THE PROCESS INCLUDING RELIEF SYSTEM DESIGN AND DESIGN BASIS AS REQUIRED BY 40 CFR 68.65(d)(1)(iv); IT HAD DEVELOPED AND IMPLEMENTED WRITTEN OPERATION PROCEDURES THAT PROVIDE CLEAR INSTRUCTIONS FOR SAFELY CONDUCTING ACTIVITIES INVOLVED IN THE COVERED PROCESS CONSISTENT WITH THE PROCESS SAFETY INFORMATION, ADDRESSING THE NORMAL OPERATIONS ASSOCIATED WITH TRAS-LOADING AS REQUIRED BY 40 CFR 68.69(a)(1)(ii); AND IT HAD PERIODICALLY EVALUATED THE PERFORMANCE OF THE CONTRACT OWNER OR OPERATOR IN FULFILLING THEIR OBLIGATIONS UNDER 40 CFR 68.87(c) AS REQUIRED BY 40 CFR 68.87(b)(5).

Defendants (1)

• AIRGAS SOUTH, INC.Named in complaintNamed in settlement

Facilities (1)

• AIRGAS USA LLC BESSEMER

  2610 18TH AVE. N., BESSEMER, AL, 35020

  Registry ID: 110002104918

Statutes cited

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

Enforcement conclusions (1)

• AIRGAS SOUTH, INC.entered 2011-06-09

  Primary law: CAA

  Federal penalty: $1,800

Timeline (4 milestones)

• 2011-06-09Complaint Filed/Proposed Order
• 2011-06-09Final Order Issued
• 2011-06-15Enforcement Action Data Entered
• 2011-06-20Enforcement Action Closed