Count 1. Violation of 40 C.F.R. § 68.69(c)
40 C.P.R.§ 68.69(c) requires, in relevant part, that owners and operators must annually certify that operating procedures are current and accurate.
Respondent requires that operating procedures certifications are complete by May 26 of each calendar year. Respondent failed to certify procedures by this deadline for two processes in 2009. Through its failure to annually certify that operating procedures were current and accurate, Respondent violated 40 C.F.R. § 68.69(c).
Count 2. Violation of 40 C.F.R. § 68.69(d)
40 C.F.R. § 68.69(d) requires, in relevant part, that “owners and operators shall develop and implement safe work practices to provide for the control of hazards during opening process equipment or piping.”
On March 23, 2012, an employee of the company SWS cut into an incorrect line. The employee had been tasked with completing work on a three inch pipe in a pipe band that had been lead abated where the cut was to be made. The employee cut the wrong three inch pipe. (“Incident #586786”).
On April 12, 2012, a SWS employee cut into the wrong line while installing stand-off blinds and conducting demolition work on pipes. While performing the work, the employee cut above the closed valve and into the live line. (“Incident #591873”).
For both Incident #586786 and Incident #591873, Respondent’s internal investigations identified lack of training and failure to follow Respondent’s safety standards as causes. Through its failure to properly train employees, Respondent failed to implement safe work practices that provide for the control of hazards during opening process equipment or piping in violation of 40 C.F.R. § 68.69(d).
EPA and Respondent agree that an appropriate penalty to settle this matter is $120,000.