EPA v. DANCHEM TECHNOLOGIES, INC.

Case summary

On June 8, 2017 the expedited settlement agreement with DanChem Technologies, Inc. and EPA R3 was signed by our Regional Judicial Officer/Presiding Officer. On November 8, 2016, authorized representatives of Region 3 conducted an inspection of the subject facility DanChem Technologies, Inc., located at 1975 Old Richmond Road Danville, VA 24540 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). It was found that the facility had violated a regulation implementing Section 112(r) of the Act by: Failure of the owner or operator to document other persons responsible for implementing individual requirements of the risk management program and defined the lines of authority through an organization chart or similar document in accordance with [68.15(c)]. Failure of the owner or operator to identify environmental receptors that would be included in the distance to the endpoint based on a circle with the point of release at the center in accordance with [68.33(a)]. Failure of the owner or operator to have documented information pertaining to the technology of the process for the maximum intended inventory of their hydrochloric acid tank in accordance with [68.65(c)(l)(iii)]. Failure of the owner or operator to provide refresher training at least every three years, or more often if necessary, to each employee involved in operating a process to assure that the employee understands and adheres to the current operating procedures of the hydrochloric acid process in accordance with [68.71(b)]. Failure of the owner or operator to establish and implement written procedures to maintain the on-going integrity of the hydrochloric acid tank process equipment listed in accordance with [68.73(b)]. Failure of the owner or operator to perform inspections and tests on the hydrochloric acid process equipment in accordance with [68.73(d)(l)]. Failure of the owner/operator to have promptly determined and documented an appropriate response to each of the findings of their compliance audit and documented that deficiencies had been corrected in accordance with [68.79(d)]. By having these violations corrected, the facility will be able to better manage the safety of their process by reducing the likelihood of an hydrochloric acid spill that could severely impact their employees and the surrounding community. The settlement required the Respondent to pay a civil penalty of $6,600.

Defendants (2)

• DANCHEM TECHNOLOGIES, INC.Named in complaintNamed in settlement
• DANCHEM TECHNOLOGIES, INC.Named in complaint

Facilities (1)

• DANCHEM TECHNOLOGIES, INC.

  1975 OLD RICHMOND ROAD, DANVILLE, VA, 24540

  Registry ID: 110070738675

Statutes cited

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

Enforcement conclusions (1)

• DANCHEM TECHNOLOGIES, INC.entered 2017-06-13

  Primary law: CAA

  Federal penalty: $6,600

Timeline (4 milestones)

• 2017-06-13Final Order Issued
• 2017-06-13Enforcement Action Data Entered
• 2017-06-13Complaint Filed/Proposed Order
• 2017-06-30Enforcement Action Closed