EPA v. ZECO, INC. dba ZECO CUMMINGS, INC.

Case summary

4/25/19 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $8,500. ALLEGATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT RESPONDENT'S FACILITY ON DEC 12, 2018, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CAA'S CHEMICAL ACCIDENT PREVENTION PROVISIONS, WHEN AT THE TIME OF INSPECTION, RESPONDENT DID NOT PROVIDE EVIDENCE THAT: - IT DEVELOPED A MANAGEMENT SYSTEM TO OVERSEE THE IMPLEMENTATION OF THE CAA 112(r) RMP ELEMENTS, AS REQUIRED BY 40 CFR 68.15(a). - IT ESTABLISHED AND ANALYZED ONE WORST-CASE SCENARIO THAT IS ESTIMATED TO CREATE THE GREATEST DISTANCE TO ANY DIRECTION TO AN ENDPOINT DEFINED IN APPENDIX A RESULTING FROM AN ACCIDENTAL RELEASE OF REGULATED TOXIC SUBSTANCE AS REQUIRED BY 40 CFR 68.25(a)(2)(i). - IT DETERMINED THE VOLATILIZATION RATE OF TOXIC LIQUID BY ACCOUNTING FOR THE HIGHEST DAILY MAXIMUM TEMPERATURE IN THE PAST THREE YEARS, THE TEMPERATURE OF THE SUBSTANCE IN THE VESSEL, AND THE CONCENTRATION OF THE SUBSTANCE IF THE LIQUID SPILLED IS A MIXTURE OR SOLUTION, AS REQUIRED BY 40 CFR 68.25(d)(2). - IT IDENTIFIED THE PRESENCE OF INSTITUTIONS, PERKS, AND RECREATIONAL AREAS, MAJOR COMMERCIAL OFFICE, AND INDUSTRIAL BUILDINGS IN THE RISK MANAGEMENT PLAN, AS REQUIRED BY 40 CFR 68.30(b). - IT MAINTAINED THE RECORDS FOR ALTERNATIVE RELEASE SCENARIOS: A DESCRIPTION OF THE SCENARIOS IDENTIFIED, ASSUMPTIONS AND PARAMETERS USED, THE RATIONALE FOR THE SELECTION OF SPECIFIC SCENARIOS, AND ANTICIPATED EFFECT OF THE ADMINISTRATIVE CONTROLS AND MITIGATION ON THE RELEASE QUANTITY AND RATE, AS REQUIRED BY 40 CFR 68.39(b). - IT DOCUMENTED MAXIMUM INTENDED INVENTORY OF EQUIPMENT IN WHICH THE REGULATED SUBSTANCES ARE STORED OR PROCESSED AND MAINTAINED THE SAFETY INFO AS REQUIRED BY 40 CFR 48(a). - IT CONDUCTED A REVIEW OF THE HAZARDS ASSOCIATED WITH THE REGULATED SUBSTANCES, PROCESSES, AND PROCEDURES AS REQUIRED BY 40 CFR 68.50(a). - IT IDENTIFIED SAFEGUARDS USED OR NEEDED TO CONTROL THE HAZARDS OR PREVENT EQUIPMENT MALFUNCTIONS OR HUMAN ERROR, AS REQUIRED BY 40 CFR 68.50(a)(3), WHEN IT DID NOT DISPLAY WARNING SIGNS AND SAFEGUARDS NEEDED TO PREVENT HUMAN ERRORS. - IT DEVELOPED AND IMPLEMENTED WRITTEN OPERATING PROCEDURES THAT ADDRESS INITIAL STARTUP, NORMAL OPERATIONS, TEMPORARY OPERATIONS, AND EMERGENCY SHUTDOWN AND OPERATIONS, AS REQUIRED BY 40 CFR 68.52. - IT SUBMITTED CORRECTED EMERGENCY CONTACT INFO WITHIN 30 DAYS OF THE CHANGE, AS REQUIRED BY 40 CFR 68.195.

Defendants (1)

• ZECO, INC. dba ZECO CUMMINGS, INC.Named in complaintNamed in settlement

Facilities (1)

• ZECO CUMMINGS

  3401 CUMMINGS ROAD, CHATTANOOGA, TN, 37419

  Registry ID: 110070055412

Statutes cited

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

Enforcement conclusions (1)

• ZECO, INC. dba ZECO CUMMINGS, INC.entered 2019-04-25

  Primary law: CAA

  Federal penalty: $8,500

Timeline (4 milestones)

• 2019-04-25Final Order Issued
• 2019-04-25Complaint Filed/Proposed Order
• 2019-05-09Enforcement Action Data Entered
• 2019-06-20Enforcement Action Closed