EPA v. R.L. ZEIGLER CO., INC

Case summary

8/18/2021 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $66,080.00. PENALTY DUE WITHIN 30 DAYS. ALLEGED VIOLATIONS: BASED ON EPA?S COMPLIANCE MONITORING INVESTIGATION, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED 40 C.F.R. PART 68, THE CODIFIED RULES GOVERNING THE ACT?S CHEMICAL ACCIDENT PREVENTION PROVISIONS AND SECTION 112(R) OF THE ACT, 42 U.S.C. ? 7412(R), WHEN IT: A. FAILED TO REVIEW AND UPDATE THE OFFSITE CONSEQUENCE ANALYSIS AT LEAST ONCE EVERY FIVE YEARS AS REQUIRED BY 40 C.F.R. ? 68.36(A); B. FAILED TO DOCUMENT THAT EQUIPMENT COMPLIES WITH RAGAGEP AS REQUIRED BY 40 C.F.R. ? 68.65(D)(2); C. FAILED TO DETERMINE AND DOCUMENT THAT EXISTING EQUIPMENT DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH CODES, STANDARDS, OR PRACTICES THAT ARE NO LONGER IN GENERAL USE, IS DESIGNED, MAINTAINED, INSPECTED, TESTED, AND OPERATING IN A SAFE MANNER AS REQUIRED BY 40 C.F.R. ? 68.65(D)(3); D. FAILED TO ASSURE THAT THE PROCESS HAZARD ANALYSIS RECOMMENDATIONS WERE RESOLVED IN A TIMELY MANNER AND TO COMPLETE ACTIONS AS SOON AS POSSIBLE AS REQUIRED BY 40 C.F.R. ? 68.67(E); E. FAILED TO CERTIFY ANNUALLY THAT THE OPERATING PROCEDURES WERE CURRENT AND ACCURATE AS REQUIRED BY 40 C.F.R. ? 68.69(C); F. FAILED TO PERFORM THE REQUIRED INSPECTIONS AND TESTS OF PROCESS EQUIPMENT WITH A FREQUENCY CONSISTENT WITH APPLICABLE MANUFACTURERS? RECOMMENDATIONS AND GOOD ENGINEERING PRACTICES AS REQUIRED BY 40 C.F.R. ? 68.73(D)(3); G. FAILED TO CERTIFY THAT THE COMPLIANCE AUDIT HAS BEEN EVALUATED AT LEAST EVERY THREE YEARS TO VERIFY THAT PROCEDURES AND PRACTICES ARE ADEQUATE AND ARE BEING FOLLOWED AS REQUIRED BY 40 C.F.R. ? 68.79(A); AND H. FAILED TO UPDATE THE RISK MANAGEMENT PLAN WITH THE EMERGENCY CONTACT INFORMATION WITHIN ONE MONTH OF ANY CHANGES AS REQUIRED BY 40 C.F.R. ? 68.195(B).

Defendants (1)

• R.L. ZEIGLER CO., INCNamed in complaintNamed in settlement

Facilities (1)

• R.L. ZEIGLER COMPANY, INC

  1 PLANT STREET, SELMA, AL, 36703

  Registry ID: 110000509913

Statutes cited

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

Enforcement conclusions (1)

• R.L. ZEIGLER CO., INCentered 2021-08-18

  Primary law: CAA

  Federal penalty: $66,080

Timeline (4 milestones)

• 2021-08-18Complaint Filed/Proposed Order
• 2021-08-18Final Order Issued
• 2021-08-25Enforcement Action Data Entered
• 2021-09-16Enforcement Action Closed