EPA v. DIVERSIFIED GAS & OIL PLC

Case summary

2/5/19 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $3,120, DUE WITHIN 15 DAYS. ALLEGED VIOLATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT RESPONDENT'S FACILITY LOCATED AT 6917 KNOXVILLE HWY, OLIVER SPRINGS, TN, ON MAY 31, 2018, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CAA'S CHEMICAL ACCIDENT PREVENTION PROGRAM, WHEN AT THE TIME OF THE 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; 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 68.67(c); - 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 68.69(c); - IT EVALUATED COMPLIANCE WITH THE PROVISIONS SUBPART D, PROGRAM 3 PREVENTION PROGRAM AT LEAST EVERY 3 YEARS AS REQUIRED BY 40 CFR 68.79(a).

Defendants (1)

• DIVERSIFIED GAS & OIL PLCNamed in complaintNamed in settlement

Facilities (1)

• BIG MOUNTAIN

  6917 KNOXVILLE HIGHWAY, OLIVER SPRINGS, TN, 37840

  Registry ID: 110059720324

Statutes cited

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

Enforcement conclusions (1)

• DIVERSIFIED GAS & OIL PLCentered 2019-02-05

  Primary law: CAA

  Federal penalty: $3,120

Timeline (4 milestones)

• 2019-02-05Final Order Issued
• 2019-02-05Complaint Filed/Proposed Order
• 2019-02-26Enforcement Action Data Entered
• 2019-04-11Enforcement Action Closed