EPA v. KMX CHEMICAL CORPORATION

Case summary

DOJ, on behalf of EPA Region III, filed a joint motion to enter a Consent Decree to implement a CAA Leak Detection and Repair (LDAR) settlement with KmX Chemical Company (KmX) Facility in New Church, VA. The Consent Motion to Enter Consent Decree was filed with the U.S. District Court for the Eastern District of Virginia, Norfolk Division. The proposed Consent Decree requires KmX to, among other things, pay the United States a civil penalty of $60,000, to be split equally between the United States and the Commonwealth of Virginia, and implement a leak detection and repair ( LDAR ) program tailored to the unique circumstances of the Facility. The required injunctive relief addresses emissions of volatile organic compound emissions containing hazardous air pollutants from the Facility?s solvent reclamation process units. KmX has voluntarily placed the Facility in suspended production status, but solvent reclamation production operations may resume at a future date. In the event that KmX resumes production operations at the Facility, KmX will be required to implement an LDAR training program and complete quarterly quality assurance and quality control reviews and an annual compliance audit.

Defendants (1)

• KMX CHEMICAL CORPORATION (SB)Named in complaintNamed in settlement

Facilities (6)

• KMX CHEMICAL CORPORATION

  30474 ENERGY DRIVE, NEW CHURCH, VA, 23415

  Registry ID: 110070691040

• KMX CHEMICAL CORP

  30474 ENERGY DRIVE, NEW CHURCH, VA, 23415

  Registry ID: 110070691040

• KMX CHEMICAL CORP

  30474 ENERGY DRIVE, NEW CHURCH, VA, 23415

  Registry ID: 110070691040

• KMX CHEMICAL CORP

  30474 ENERGY DRIVE, NEW CHURCH, VA, 23415

  Registry ID: 110070691040

• KMX CHEMICAL CORPORATION

  30474 ENERGY DRIVE, NEW CHURCH, VA, 23415

  Registry ID: 110070691040

• KMX CHEMICAL CORPORATION

  30474 ENERGY DRIVE, NEW CHURCH, VA, 23415

  Registry ID: 110070691040

Statutes cited

• CAA 112H — Work Practices
• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• KMX CHEMICAL CORPORATIONentered 2019-12-06

  Primary law: CAA

  Federal penalty: $30,000 · State/local: $30,000

Timeline (7 milestones)

• 2015-09-30Referred To Dept Of Justice
• 2015-10-03Enforcement Action Data Entered
• 2019-09-30Final Order Lodged
• 2019-09-30Complaint Filed With Court
• 2019-12-06Final Order Entered
• 2021-06-09Enforcement Action Closed
• 2021-06-09Air Resolved