EPA v. NUPRO INDUSTRIES CORPORATION

Case summary

ON MARCH 21, 2014, EPA REGION III ISSUED AN ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT ( ORDER ) TO NUPRO INDUSTRIES, INC. ( NUPRO ), THE OWNER AND OPERATOR OF THE NEATSFOOT OIL OPERATION IN PORT RICHMOND AREA OF THE CITY OF PHILADELPHIA, WHERE IT MANUFACTURES OIL LUBRICANTS BY RENDERING ANIMAL FATS. NUPRO UTILIZES AN ANHYDROUS AMMONIA COOLING SYSTEM AS PART OF THAT OPERATION AND, BETWEEN APRIL 6, 2012 AND APRIL 8, 2012, A RELEASE OF APPROXIMATELY 1,400 POUNDS OF AMMONIA OCCURRED. AS A RESULT, EPA CONDUCTED AN INSPECTION OF THE FACILITY ON JUNE 6, 2012 AND DETERMINED THAT NUPRO WAS NOT IN COMPLIANCE WITH THE GENERAL DUTY CLAUSE OF SECTION 112(r) OF THE CLEAN AIR ACT DUE TO: (1)THE LACK OF A FINAL, IMPLEMENTED PROCESS HAZARD ANALYSIS FOR THE AMMONIA SYSTEM; (2)THE ABSENCE OF ADEQUATE OPERATING PROCEDURES FOR THE AMMONIA SYSTEM WHICH INCLUDE SAFE OPERATING LIMITS, SAFETY AND HEALTH CONSIDERATIONS, AND MEASURES RELATED TO SAFETY SYSTEMS; (3)THE LACK OF AN INSPECTION AND MAINTENANCE PROGRAM; (4)INADEQUATE SIGNAGE; (5)INADEQUATE RECORDKEEPING; AND (6)THE ABSENCE OF OIL DRAINING PROCEDURES OR SELF-CLOSING OIL VALVES. THE ORDER REQUIES THAT RESPONDENT DEMONSTRATE THAT THE FACILITY IS IN COMPLIANCE WITH THE GDC, WHICH IS IMPORTANT TO PROTECT THE SURROUNDING POPULATION. RESPONDENT MUST SUBMIT A REPORT TO EPA IN ORDER TO DEMONSTRATE COMPLIANCE WITH THE AMMONIA INDUSTRY STANDARDS. THE REPORT SHALL ALSO IDENTIFY ANY ADDITIONAL ACTIONS NUPRO MUST TAKE TO COME INTO COMPLIANCE WITH THOSE STANDARDS, AS WELL AS AN EXPEDITIOUS SHCEDULE TO COMPLETE SUCH ACTIONS. ISSUANCE OF THIS ORDER WILL IMPROVE PUBLIC HEALTH AND SAFETY BY DECREASING THE RISK OF RELEASE OF A TOXIC SUBSTANCE.

Defendants (1)

• NUPRO INDUSTRIES CORPORATION (SB)Named in settlement

Facilities (2)

• NUPRO INDUSTRIES CORP

  2925 E. ONTARIO STREET, PHILADELPHIA, PA, 19134-6003

  Registry ID: 110000336850

• NUPRO INDUSTRIES CORP

  2925 E. ONTARIO STREET, PHILADELPHIA, PA, 19134-6003

  Registry ID: 110000336850

Statutes cited

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

Enforcement conclusions (1)

• NUPRO INDUSTRIES CORPORATIONentered 2014-03-21

  Primary law: CAA

Timeline (2 milestones)

• 2014-03-21Final Order Issued
• 2014-03-25Enforcement Action Data Entered