EPA v. BORDEN & REMINGTON CORP

Case summary

Region 1 issued a Consent Agreement and Final Order (CAFO) that both initiated and settled an administrative penalty action against Borden & Remington Corp. (Borden Corp.) alleging violations of Section 112(r) of the Clean Air Act (CAA) at its Fall River, Massachusetts facility. Borden Corp. violated Section 112(r)(7) and the risk management plan (RMP) regulations found at 40 C.F.R. Part 68 by failing to prepare and submit an RMP that included all covered processes at its facility. Borden Corp. also failed to comply with process safety information and operating procedures requirements for certain covered processes at its facility. Borden Corp. also violated the General Duty Clause, Section 112(r)(1) of the CAA, by failing to design and maintain a safe facility by storing chemicals which, alone or in combination, are extremely hazardous substances, without employing standard chemical storage practices, including the separation of incompatible chemicals. The CAFO requires Borden Corp. to pay a civil penalty of $114,118. Prior to issuance of the CAFO, the Facility documented numerous safety improvements made in response to an administrative compliance order that EPA issued on March 28, 2014, which improvements should lower the risk of an ammonia or chlorine release in this urban area.

Defendants (1)

• BORDEN & REMINGTON CORPNamed in complaintNamed in settlement

Facilities (1)

• BORDEN & REMINGTON CORP

  63 WATER STREET, FALL RIVER, MA, 02721

  Registry ID: 110024324300

Statutes cited

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

Enforcement conclusions (1)

• BORDEN & REMINGTON CORPentered 2014-09-25

  Primary law: CAA

  Federal penalty: $114,118

Timeline (4 milestones)

• 2014-09-25Complaint Filed/Proposed Order
• 2014-09-25Final Order Issued
• 2014-09-25Enforcement Action Data Entered
• 2014-10-21Enforcement Action Closed