EPA v. COVESTRO LLC

Case summary

The Regional Judicial Officer issued a Final Order on July 9, 2020, accepting the Consent Agreement to commence and settle a violation of CAA Section 112(r)(7) with Covestro, LLC, the owner and operator of a manufacturing facility for polyurethane intermediates, coatings intermediates and thermoplastics located at 17595 Energy Road, in Proctor, West Virginia. EPA determined that Covestro, LLC, violated CAA Section 112(r)(7), because of its failure to ensure equipment achieved safety consistent with industry codes and standards, specifically to ensure that piping containing toxic chemicals was properly labeled for both content and direction. On December 10, 2019, EPA issued an Administrative Settlement Agreement and Order on Consent (Order) to Respondent, in order to have Respondent address the violation of Section 112(r)(7) of the CAA. Covestro completed the work under the Order in May 2020. In settlement, Covestro has agreed to pay a cash penalty of $48,475 for the CAA violation. West Virginia has not received delegation of the CAA 112(r) program but has been notified of this enforcement action.

Defendants (1)

• COVESTRO LLCNamed in complaintNamed in settlement

Facilities (4)

• COVESTRO, LLC

  17595 ENERGY RD, PROCTOR, WV, 26055

  Registry ID: 110070638237

• BAYER MATERIALSCIENCE

  WV-2, NEW MARTINSVILLE, WV, 26155-0500

  Registry ID: 110000608030

• COVESTRO, LLC

  17595 ENERGY RD, PROCTOR, WV, 26055

  Registry ID: 110070638237

• BAYER MATERIALSCIENCE

  WV-2, NEW MARTINSVILLE, WV, 26155-0500

  Registry ID: 110000608030

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)

• COVESTRO LLCentered 2020-07-09

  Primary law: CAA

  Federal penalty: $48,475

Timeline (4 milestones)

• 2020-07-09Final Order Issued
• 2020-07-09Enforcement Action Data Entered
• 2020-07-09Complaint Filed/Proposed Order
• 2020-07-13Enforcement Action Closed