EPA v. DIVERSIFIED GAS & OIL PLC

Case summary

2/26/2019 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $3,120. RESPONDENT SHALL MAKE PAYMENT WITHIN FIFTEEN DAYS. ALLEGED VIOLATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY ON MAY 30, 2018, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PRGRAM, WHEN AT THE TIME OF INSPECTION, RESPONDENT DID NOT PROVIDE EVIDENCE THAT: IT ESTABLISHED A SYSTEM TO PROMPTLY ADDRESS THE TEAM'S FINDINGS AND RECOMMENDATIONS FOR THE PROCESS HAZARD ANALYSIS; ASSURED THAT THE RECOMMENDATIONS WERE RESOLVED IN A TIMELY MANNER AND THAT THE RESOLUTION IS DOCUMENTED; DOCUMENTED WHAT ACTIONS ARE TO BE TAKEN; COMPLETED ACTIONS AS SOON AS POSSIBLE; DEVELOPED A WRITTEN SCHEDULE OF WHEN THESE ACTIONS ARE TO BE COMPLETED; AND COMMUNICATED THE ACTIONS TO OPERATING, MAINTENANCE AND OTHER EMPLOYEES WHOSE WORK ASSIGNMENTS ARE IN THE PROCESS AND WHO MAY BE AFFECTED BY THE RECOMMENDATIONS OR ACTIONS AS REQUIRED BY 40 CFR SECTION 68.67(e); IT REVIEWED THE OPERATING PROCEDURES AS OFTEN AS NECESSARY TO ASSURE THAT THEY REFLECT CURRENT OPERATING PRACTICE, AND CERTIFIED ANNUALLY THAT THE OPERATING PROCEDURES ARE CURRENT AND ACCURATE AS REQUIRED BY 40 CFR SECTION 68.69(c); AND IT EVALUATED COMPLIANCE WITH THE PROVISIONS OF SUBPART D, PROGRAM 3 PREVENTION PROGRAM AT LEAST EVERY THREE YEARS AS REQUIRED BY 40 CFR SECTION 68.79(a).

Defendants (1)

• DIVERSIFIED GAS & OIL PLCNamed in complaintNamed in settlement

Facilities (1)

• FRUEHAUF

  375 INDUSTRIAL DRIVE, HUNTSVILLE, TN, 37756

  Registry ID: 110059720404

Statutes cited

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

Enforcement conclusions (1)

• DIVERSIFIED GAS & OIL PLCentered 2019-02-26

  Primary law: CAA

  Federal penalty: $3,120

Timeline (4 milestones)

• 2019-02-26Final Order Issued
• 2019-02-26Complaint Filed/Proposed Order
• 2019-02-28Enforcement Action Data Entered
• 2019-06-18Enforcement Action Closed