EPA v. BARNHARDT MANUFACTURING

Case summary

On December 02, 2021, Region 1 settled an administrative penalty action against Barnhardt Manufacturing Company (Barnhardt) alleging violations of Section 112(r)(1) of the Clean Air Act (CAA), known as the General Duty Clause, at its Colrain, Massachusetts cotton textiles bleaching facility. In September 2019, a release from a poorly maintained sulfuric acid tank at the facility reached the North River, resulting in the death of hundreds of thousands of fish. The CAFO alleges that Barnhardt failed to identify hazards which may result from releases using appropriate hazard assessment techniques; design and maintain a safe facility, taking such steps as are necessary to prevent such releases; and minimize the consequences of accidental releases, should they occur. Examples of dangerous conditions observed include Barnhardt?s failure to regularly inspect and maintain sulfuric acid tanks, use appropriate piping for sulfuric acid service, properly separate incompatible chemicals, use and maintain adequate secondary containment, and promptly fix or replace the leaking sulfuric acid tank. The CAFO requires Barnhardt to pay a civil penalty of $305,278 and address deficiencies in its process hazard review and preventative maintenance procedures. The facility is not located in an area of potential environmental justice concern. Although the General Duty Clause is a direct implementation program, EPA coordinated with the Commonwealth of Massachusetts in developing this case. The Commonwealth is bringing a concurrent case that focuses on the effects of the spill to the North River.

Defendants (1)

• Barnhardt Manufacturing CompanyNamed in complaintNamed in settlement

Facilities (1)

• BARNHARDT MANUFACTURING CO

  247 MAIN ROAD, COLRAIN, MA, 01340-9746

  Registry ID: 110063135414

Statutes cited

• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause

Enforcement conclusions (1)

• BARNHARDT MANUFACTURINGentered 2021-12-02

  Primary law: CAA

  Federal penalty: $305,278

Timeline (3 milestones)

• 2021-12-02Final Order Issued
• 2021-12-02Complaint Filed/Proposed Order
• 2022-01-11Enforcement Action Data Entered