EPA v. UNIVAR SOLUTIONS USA INC. (NC) (NLP)

Case summary

U.S Environmental Protection Agency (EPA) announced a settlement with Univar Solutions USA Inc. (Univar) to resolve alleged violations of industrial accident-prevention requirements at five facilities located in Rhode Island, Pennsylvania and Colorado. Four of the five facilities are in overburdened communities with environmental justice concerns. Between 2016 and 2019, the EPA conducted inspections at five of Univar's facilities located in Bunola, PA; Denver, CO; Middletown, PA; and two in Providence, RI. Many of the EPA's allegations for all five facilities related to Univar's failure to comply with industry standards of care as required by the General Duty Clause (GDC) and Risk Management Program (RMP) regulations for hazardous and/or regulated chemicals such as anhydrous ammonia, aqueous ammonia (conc. 20% or greater), chlorine and formaldehyde. The settlement addresses violations of the GDC and RMP under Clean Air Act (CAA) Sections 112(r)(1) and 112(r)(7), which make owners and operators of facilities that have regulated hazardous substances responsible for ensuring that their chemicals are managed safely and that steps are taken to reduce the risk of accidental releases of chemicals, which can have serious consequences for public health and safety. Univar is the largest commodity and specialty chemical and ingredient distributer in the U.S. Headquartered in Downers Grove, Illinois, it has several hundred chemical distribution facilities that blend, mix and repackage bulk chemicals for shipment across America. Univar will pay $600,000 in penalties. In addition, Univar agreed to spend no less than $200,000 to implement a Supplemental Environmental Project that will provide emergency response equipment to enhance the capabilities of two fire departments: the Denver Fire Department in Colorado and the Fire Department with coverage for Bunola in Pennsylvania.

Defendants (1)

• UNIVAR SOLUTIONS USA INC.Named in complaintNamed in settlement

Facilities (5)

• UNIVAR USA INC., BUNOLA BRANCH

  328 BUNOLA RIVER RD, BUNOLA, PA, 15020

  Registry ID: 110000603357

• UNIVAR USA INC., BUNOLA BRANCH

  328 BUNOLA RIVER RD, BUNOLA, PA, 15020

  Registry ID: 110000603357

• UNIVAR USA INC., BUNOLA BRANCH

  328 BUNOLA RIVER RD, BUNOLA, PA, 15020

  Registry ID: 110000603357

• UNIVAR USA INC., BUNOLA BRANCH

  328 BUNOLA RIVER RD, BUNOLA, PA, 15020

  Registry ID: 110000603357

• UNIVAR USA INC - MIDDLETOWN BRANCH

  532 EAST EMAUS STREET, MIDDLETOWN, PA, 17057

  Registry ID: 110000332747

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)

• UNIVAR SOLUTIONS USA INC. (NC) (NLP)entered 2022-12-21

  Primary law: CAA

  Federal penalty: $61,698

Timeline (2 milestones)

• 2022-12-21Final Order Issued
• 2023-02-28Enforcement Action Data Entered