EPA v. EVONIK GOLDSCHMIDT CORPORATION

Case summary

ON JAN 20, 2010, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION OF THE GOLDSCHMIDT CHEMICAL CORPORATION FACILITY LOCATED AT 914 EAST RANDOLPH ROAD IN HOPEWELL, VA, TO DETERMINE COMPLIANCE WITH THE RISK MANAGEMENT PLAN (RMP) REGULATIONS PROMULGATED AT 40 C.F.R. PART 68 UNDER SECTION 112(r) OF THE CLEAN AIR ACT (THE ACT OR CAA). EPA FOUND THAT THE RESPONDENT HAD VIOLATED REGULATIOSN IMPLEMENTING SECTION 112(r) OF THE ACT. THE FACILITY FAILED TO CERTIFIED ANNUALLY THAT THE OPERATING PROCEDURES ARE CURRENT, ACCURATE AND ARE REVIEWED AS OFTEN AS NECESSARY, AS REQUIRED BY 40 C.F.R. SECTION THE FACILITY FAILED TO PROVIDE DOCUMENTATION TO DEMONSTRATE THAT IT CONDUCTED INITIAL AND REFRESHER TRAINING EVERY THREE YEARS AS REQUIRED BY 40 C.F.R. SECTION 68.71. THE ADJUSTED RMP PENALTY FOR THE RESPONDENT AS SET FORTH IN ITS RESPECTIVE EXPEDITED PENALTY ACTION AND CONSENT AGREEMENT ( AGREEMENT ). THE USE OF THE EXPEDITED SETTLEMENT APPROACH FOR VIOLATIONS OF THE RISK MANAGEMENT PROGRAM WAS APPROVED IN A JANUARY 5, 2004, POLICY MEMO FROM MR. JOHN , PETER SUAREZ, EPA'S FORMER ASSISTANT ADMINISTRATOR FOR ENFORCEMENT AND COMPLIANCE ASSURANCE. THE POLICY DESCRIBES CERTAIN CRITERIA THAT SHOULD BE CONSIDERED TO DETERMINE WHETGHER AN EXPEDITED SETTLEMENT APPROACH IS APPROPRIATE TO RESOLVE VIOLATIONS OF THE RISK MANAGEMENT PROGRAM. THESE CRITERIA WERE USED TO DETERMINE TAT AN EXPEDITED SETTLEMENT APPROACH WAS APPROPRIATE IN THE PRESENT MATTER.

Defendants (1)

• EVONIK GOLDSCHMIDT CORPNamed in complaintNamed in settlement

Facilities (2)

• EVONIK GOLDSCHMIDT CHEMICAL CORP

  914 E. RANDOLPH RD., HOPEWELL, VA, 23860

  Registry ID: 110000342601

• EVONIK GOLDSCHMIDT CHEMICAL CORP

  914 E. RANDOLPH RD., HOPEWELL, VA, 23860

  Registry ID: 110000342601

Statutes cited

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

Enforcement conclusions (1)

• EVONIK GOLDSCHMIDT CORPORATIONentered 2011-01-18

  Primary law: CAA

  Federal penalty: $1,650

Timeline (3 milestones)

• 2011-01-18Final Order Issued
• 2011-01-18Complaint Filed/Proposed Order
• 2011-03-03Enforcement Action Data Entered