EPA v. SIEMER MILLING COMPANY

Case summary

8/19/2024 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $26,366. PENALTY DUE WITHIN 30 DAYS UPON RECEIPT OF THE EXECUTED ESA. ALLEGED VIOLATIONS: ON JULY 27, 2022, THE EPA CONDUCTED AN ON-SITE INSPECTION OF THE RMPROGRAM RELATED RECORDS AND EQUIPMENT FOR THE PURPOSE OF ASSESSING THE RESPONDENT?S COMPLIANCE WITH THE RMPROGRAM REQUIREMENTS AND THE IMPLEMENTED RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES (RAGAGEP) FOR ITS COVERED PROCESS AT ITS FACILITY. 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 THE OPERATING PROCEDURES AS OFTEN AS NECESSARY TO ASSURE THAT THEY REFLECT CURRENT OPERATING PRACTICE, INCLUDING CHANGES THAT RESULT FROM CHANGES IN PROCESS CHEMICALS, TECHNOLOGY, AND EQUIPMENT, AND CHANGES TO STATIONARY SOURCES. FURTHERMORE, IT FAILED TO CERTIFY ANNUALLY THAT THESE OPERATING PROCEDURES ARE CURRENT AND ACCURATE, AS REQUIRED BY 40 C.F.R. ? 68.69(C); B. FAILED TO CORRECT DEFICIENCIES IN EQUIPMENT THAT ARE OUTSIDE ACCEPTABLE LIMITS (DEFINED BY THE PROCESS SAFETY INFORMATION IN 40 C.F.R. ? 68.65) BEFORE FURTHER USE OR IN A SAFE AND TIMELY MANNER WHEN NECESSARY MEANS ARE TO BE TAKEN TO ASSURE SAFE OPERATION, AS REQUIRED BY 40 C.F.R. ? 68.73(E); C. FAILED TO MAINTAIN MOC PROCEDURES TO ASSURE THAT IMPACT OF CHANGE ON SAFETY AND HEALTH CONSIDERATIONS WERE ADDRESSED PRIOR TO ANY CHANGE, AS REQUIRED BY 40 C.F.R. ? 68.75(B)(2); D. FAILED TO UPDATE PROCEDURES OR PRACTICES AS REQUIRED BY 40 C.F.R. ? 68.69(C), AFTER A CHANGE OCCURRED THAT AFFECTED A COVERED PROCESS UNDER 40 C.F.R. ? 68.75; E. FAILED TO CERTIFY THAT IT EVALUATED COMPLIANCE WITH THE PROVISIONS OF 40 C.F.R. PART 68, SUBPART D, AT LEAST EVERY THREE YEARS, TO VERIFY THAT PROCEDURES AND PRACTICES DEVELOPED UNDER SUBPART D ARE ADEQUATE AND ARE BEING FOLLOWED, AS REQUIRED BY 40 C.F.R. ? 68.79(A); AND F. FAILED INCLUDE IN THE RMP REGISTRATION, FOR EACH COVERED PROCESS, THE MAXIMUM QUANTITY OF EACH REGULATED SUBSTANCES OR MIXTURES IN THE PROCESS (IN POUNDS) TO TWO SIGNIFICANT DIGITS, AS REQUIRED BY 40 C.F.R. ? 68.160(B)(7).

Defendants (1)

• SIEMER MILLING COMPANYNamed in complaintNamed in settlement

Facilities (1)

• SIEMER MILLING CO

  315 QUINTIN CT., HOPKINSVILLE, KY, 42240

  Registry ID: 110000380702

Statutes cited

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

Enforcement conclusions (1)

• SIEMER MILLING COMPANYentered 2024-08-19

  Primary law: CAA

  Federal penalty: $26,366 · SEP: $99,363

Timeline (3 milestones)

• 2024-08-19Complaint Filed/Proposed Order
• 2024-08-19Final Order Issued
• 2024-09-05Enforcement Action Data Entered