EPA v. CHEMART INC

Case summary

On April 28, 2017, Region 1 filed a consent agreement and final order (CAFO) that resolved an enforcement action against ChemArt Company (ChemArt) for violations of CAA 112(r), RCRA, and regulations for chemical accident prevention and hazardous waste management. Located in Lincoln, Rhode Island, ChemArt uses chlorine, a poisonous and potentially lethal gas, to manufacture decorative metal ornaments, awards and precision components. Under the terms of the CAFO, ChemArt will pay a total penalty of $221,326 for its CAA and RCRA violations and will also undertake a SEP that will reduce the amount of chlorine stored at the facility, the likelihood of a chlorine release, and any subsequent damage that could ensue from such a release. The SEP is estimated to cost $25,000 and is expected to be completed by the end of July 2017. Although EPA is currently undertaking the Chemical Accident Risk Reduction NEI, this facility is not in one of the five sectors subject to that NEIEPA directly implements the CAA 112(r) program in Rhode Island, and the state has been notified of the inspection and follow-up enforcement

Defendants (1)

• CHEMART COMPANY (SB)Named in complaintNamed in settlement

Facilities (1)

• CHEMART

  11 NEW ENGLAND WAY, LINCOLN, RI, 02865

  Registry ID: 110000312475

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty
• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• CHEMART INCentered 2017-04-28

  Primary law: CAA

  Federal penalty: $221,326 · SEP: $25,000

Timeline (3 milestones)

• 2016-09-30Complaint Filed/Proposed Order
• 2016-10-03Enforcement Action Data Entered
• 2017-04-28Final Order Issued