On August 2, 2022, an Investigator from PHMSA' s Office of Hazardous Materials Safety Field Operations ("OHMSFO") conducted a routine compliance inspection at Respondent's business pursuant to 49 U.S.C. § 5121 and 49 C.F.R. § 107.305. PHMSA's investigator reported four (4) alleged violations of the HMR. At the conclusion of the investigation, PHMSA' s Investigator conducted an "exit briefing" during which the investigator discussed the alleged violations and the required corrective actions with Respondent's representative.

Upon completion of the investigation, the investigator submitted a report to the Director of OHMSFO's Eastern Region, who reviewed the report for accuracy and sufficiency of evidence. Based on that review, the Regional Director referred the matter to PHMSA' s Office of Chief Counsel thereby recommending the initiation of a civil penalty action against Respondent pursuant to 49 C.F.R. § 107.311.

Based on a preliminary assessment of the apparent nature, circumstances, extent, and gravity of the probable violation, as set forth in the investigator's report, on May 8, 2024, an attorney from PHMSA's Office of Chief Counsel issued a Notice of Probable Violation ("NOPV" or "Notice") alleging three (3) violations of the HMR, and one (1) quality control item, and proposing a $15,500 civil penalty.