EPA v. TATE & LYLE

Case summary

On Sept. 20, 2021, EPA Region 1 entered into a Consent Agreement and Final Order (CAFO) with Tate and Lyle Ingredients Americas, LLC of Houlton, Maine, resolving violations of the chemical accident prevention requirements of Section 112(r) of the Clean Air Act (CAA), 42 U.S.C. Sec. 7412(r), at its food starch manufacturing facility. Tate and Lyle violated the General Duty Clause (GDC) of CAA Section 112(r)(1) and the Risk Management Plan (RMP) regulations that implement CAA Section 112(r)(7) in its handling of various chemicals at the facility including propylene oxide (RMP) and sulfuric acid (GDC). The GDC violations involved Respondent's failure to identify hazards associated with its use of GDC chemicals and Respondent's failure to design and maintain a safe facility by not eliminating or reducing recognized hazards posed by the GDC chemicals. The RMP violations involved failing to comply with process safety information requirements and mechanical integrity requirements for the propylene oxide process. The CAFO requires payment of a $240,919 penalty and certification that the company has come into compliance with Section 112(r) of the CAA. Maine is not delegated to implement this program.

Defendants (1)

• Tate & Lyle Ingredients Americas LLCNamed in complaintNamed in settlement

Facilities (1)

• TATE & LYLE INGREDIENTS AMERICAS LLC

  48 MORNINGSTAR RD, HOULTON, ME, 04730

  Registry ID: 110000314650

Statutes cited

• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause
• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• TATE & LYLEentered 2021-09-20

  Primary law: CAA

  Federal penalty: $240,919

Timeline (4 milestones)

• 2021-09-20Complaint Filed/Proposed Order
• 2021-09-20Final Order Issued
• 2021-09-20Enforcement Action Closed
• 2021-09-23Enforcement Action Data Entered