EPA v. CHEMICAL RESOURCES, INC.

Case summary

6/14/05 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,063, DUE WITHIN 30 DAYS. ON OR ABOUT JANUARY 27, 2004, THE RESPONDENT VOLUNTARILY DISCLOSED THAT IT HAD POTENTIALLY VIOLATED RISK MANAGEMENT PROGRAM REQUIREMENTS WHEN IT DID NOT SUBMIT A RISK MANAGEMENT PLAN TO EPA ON OR BEFORE AUGUST 26, 2003, AND BEGAN SOTRING MORE THAN 1,000 POUNDS OF HYDROFLUORIC ACID (GREATER THAN 50 PERCENT CONCENTRATION) AT ITS FACILITY. THE HYDROFLUORIC ACID WAS STORED AT THIS FACILITY FOR 36 DAYS. EPA DETERMINED THAT THE RESPONDENT'S VOLUNTARY DISCLOSURE MET THE CRITERIA OF EPA'S SELF-DISCLOSURE AUDIT POLICY. THEREFORE, EPA IS NOT SEEKING A GRAVITY-BASED PENALTY FOR THE VIOLATIONS ALLEGED. HOWEVER, EPA IS ASSESSING A PENALTY EQUIVALENT TO THE ECONOMIC BENEFIT. USING THE ECONOMIC BENEFIT (BEN) COMPUTER MODEL, EPA DETERMINED THAT RESPONDENT OBTAINED AN ECONOMIC BENEFIT OF $1,063 AS A RESULT OF ITS NONCMOPLIANCE IN THIS MATTER. ACCORDINGLY, THE CIVIL PENALTY AGREED UPON BY THE PARTIES FOR SETTLEMENT PURPOSES IS $1,063

Defendants (1)

• CHEMICAL RESOURCES, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• CHEMICAL RESOURCES INC.

  4569 KNOPP AVENUE, LOUISVILLE, KY, 40213

  Registry ID: 110003224555

Statutes cited

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

Enforcement conclusions (1)

• CHEMICAL RESOURCES, INC.entered 2005-06-14

  Primary law: CAA

  Federal penalty: $1,063

Timeline (3 milestones)

• 2005-06-14Complaint Filed/Proposed Order
• 2005-06-14Final Order Issued
• 2005-07-11Enforcement Action Data Entered