EPA v. GELEST, INC.

Case summary

On July 28, 2016, EPA filed a Consent Agreement and Final Order, which initiated and settled EPA's penalty claim for violations of Section 112(r)(I) and (7) of the CAA against Gelest, Inc., the owner and operator of a chemical manufacturing plant located at 11 East Steel Road, Morrisville, Pennsylvania 19067 ( the Facility ). The Consent Agreement asserts that Respondent failed to comply with the obligation under the CAA's General Duty Clause to design and maintain a safe facility and take such steps as are necessary to prevent accidental releases, as Gelest failed to properly store various extremely hazardous substances and regulated substances, such as chlorine, anhydrous ammonia, anhydrous hydrogen chloride, acetylene, and hydrogen, in a manner to provide safety consistent with industry standards. The Consent Agreement also asserts that Respondent violated Section 112(r)(7) of the CAA, and its implementing regulations 40 C.F.R. 68.10(a) and 68. 150(a), by failing to timely submit a risk management plan after using and storing dimethyldichlorosilane, a regulated substance, in quantities greater than the 5,000 pound thresho Id quantity at the Facility. Finally, the Consent Agreement asserts that Respondent violated Section 112(r)(7) of the CAA and 40 C.F.R. 68.65(d)(2), which requires facilities at which a regulated substance is present in more than a threshold quantity to document that equipment complies with generally accepted good engineering practices, by failing to adhere to industry standards and storing tanks of dimethyldichlorosilane and dimethylhydrogenosilane too closely together. Respondent has agreed to pay a penalty of $39,309 to settle the matter.

Defendants (1)

• GELEST, INC.Named in complaintNamed in settlement

Facilities (2)

• GELEST, INC.

  11 STEEL ROAD EAST, MORRISVILLE, PA, 19067

  Registry ID: 110012565697

• GELEST, INC.

  11 STEEL ROAD EAST, MORRISVILLE, PA, 19067

  Registry ID: 110012565697

Statutes cited

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

Enforcement conclusions (1)

• GELEST, INC.entered 2016-07-28

  Primary law: CAA

  Federal penalty: $39,309

Timeline (4 milestones)

• 2016-07-28Complaint Filed/Proposed Order
• 2016-07-28Final Order Issued
• 2016-08-01Enforcement Action Data Entered
• 2016-08-08Enforcement Action Closed