EPA v. MFG CHEMICAL

Case summary

THIS CASE IS FILED UNDER THE CAA GENERAL DUTY CLAUSE FOR A TOXIC RELEASE THAT OCCURRED AT MFG CHEMICAL DURING ITS INITIAL PRODUCTION OF A NEW CHEMICAL. IN THE FIRST HOUR OF PRODUCTION, THE TEMPERATURE OF THE REACTION INCREASED DRAMATICALLY. THIS LED TO A RUNAWAY REACTION. OVER 4,000 POUNDS OF TOXIC ALLYL ALCOHOL WAS RELEASED INTO THE COMMUNITY AS A RESULT OF THE TOXIC RELEASE. IN ITS INVESTIGATION, EPA DISCOVERED THAT MFG VIOLATED THE GENERAL DUTY CLAUSE BY FAILING TO CONDUCT A HAZARDS ANALYSIS, FAILING TO DESIGN A SAFE FACILITY, AND FAILING TO MINIMIZE THE CONSEQUENCES OF THE RELEASE. THE ONLY DEFENDANT IS MFG CHEMICAL. MFG IS NO LONGER PRODUCING THE CHEMICAL. THEREFORE, EPA IS NOT SEEKING INJUNCTIVE RELIEF. On April 12, 2004, during MFG’s initial production run of a new chemical process, a runaway reaction occurred when allyl alcohol was mixed too quickly with other chemicals. This lead to an extreme rise in temperature in a reactor and caused an explosion that released toxic gases to the atmosphere. As a result, the surrounding community within a half mile radius of the MFG plant was evacuated. Over 150 people (including several emergency responders) were treated for exposure at the local hospital. One-half mile of vegetation south of the MFG plant was burned and much of the aquatic life was killed throughout several miles of surrounding creeks which were contaminated by the water sprayed on the toxic vapor cloud in an attempt to control the vapor release. MFG violated the General Duty Clause by failing to: (1) identify hazards associated with its new chemical process; (2) design a safe facility by not incorporating measures to mitigate a runaway reaction; and (3) minimize the consequences of the release by failing to train its operators as to how to respond to process upset or emergency conditions. The Stipulation specifies that MFG will pay a civil penalty of $270,000. There is no injunctive relief required because MFG is no longer using allyl alcohol in any of its processes.

Defendants (1)

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

Facilities (1)

• MFG CHEMICAL

  8712 CALLAHAN ROAD, DALTON, GA, 30721

  Registry ID: 110040411952

Statutes cited

• CAA 112R — General Duty/Accidental Release
• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause

Enforcement conclusions (1)

• MFG CHEMICAL (04-2010-C005)entered 2009-10-16

  Primary law: CAA

  Federal penalty: $270,000

Timeline (7 milestones)

• 2005-09-29Referred To Dept Of Justice
• 2005-09-30Enforcement Action Data Entered
• 2009-10-15Complaint Filed With Court
• 2009-10-16Concluded
• 2009-10-16Final Order Entered
• 2009-10-16Final Order Lodged
• 2010-09-09Enforcement Action Closed