EPA v. DODGE COMPANY (NC) (LEAD)

Case summary

EPA reached a $400,000 settlement in a CAA � 112(r) and EPCRA � 312 case against The Dodge Company (Dodge). At the time of the violations, Dodge operated a facility in Cambridge, MA, where it blended, packaged and sold embalming chemicals and other funerary products. Dodge used formaldehyde, isopropanol, methanol, and other chemicals at this facility. Dodge had no tank design information, improperly maintained formaldehyde tanks and tank supports, lack of overfill controls on tanks, compromised secondary containment, lack of emergency lighting, and broken overflow detectors. A Process Hazard Analysis (PHA) conducted after EPA�s inspection revealed a potential for fire or explosion from a buildup of flammable vapor and the introduction of a spark from either static discharge or improperly rated electrical equipment. The inspectors found that Dodge had filed a Risk Management Plan (RMP) pursuant to CAA � 112(r) but was not complying with most of the underlying RMP obligations. After issuing a Notice of Violation and Administrative Order in 2010, Region 1 learned that Dodge also needed RMPs for its product warehouses in Fort Worth, Texas; Batavia, Illinois; and Fontana, California. Dodge filed RMPs and EPCRA � 312 forms for all facilities and decided to stop operations at the Cambridge facility. On September 24, 2013 Region 1 reached a multi-facility settlement with company for $400,000, which was signed by OECA. The addresses for the other three facilities are: a) 2650 Suffolk Drive, Fort Worth, Texas (�Texas Facility�); b) 1550 Beach Street, Batavia, Illinois (�Illinois Facility�); and c) 15060 Hilton Drive, Fontana, California (�California Facility�).

Defendants (1)

• DODGE CHEMICAL COMPANYNamed in complaintNamed in settlement

Facilities (4)

• DODGE COMPANY

  2650 SUFFOLK DRIVE, FORT WORTH, TX, 76133

  Registry ID: 110063015133

• THE DODGE COMPANY

  1550 BEACH STREET, BATAVIA, IL, 60510

  Registry ID: 110043378920

• DODGE CHEMICAL COMPANY

  165 CAMBRIDGE PARK DRIVE, CAMBRIDGE, MA, 02140

  Registry ID: 110000310967

• DODGE COMPANY

  15060 HILTON DR, FONTANA, CA, 92336

  Registry ID: 110043997342

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• DODGE COMPANY(NC) (LEAD)entered 2013-09-24

  Primary law: CAA

  Federal penalty: $347,470

Timeline (3 milestones)

• 2012-10-23Enforcement Action Data Entered
• 2013-09-13Complaint Filed/Proposed Order
• 2013-09-24Final Order Issued