EPA v. WISE ALLOYS, LLC

Case summary

12/11/06 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $7,700, DUE WITHIN 30 DAYS. THE RESPONDENT HAS RISK RMPROGRAM COVERED PROCESSES WHICH STORE OR OTHERWISE USE A REGULATED SUBSTANCE IN QUANTITIES EXCEEDING APPLICABLE RMPROGRAM THRESHOLDS (2,500 POUNDS FOR CHLORINE). PURSUANT TO SECTION 112(r)(7)(b)(iii) OF THE CAA, AND 40 CFR SECTIONS 68.12 AND 68.150, THE OWNER OR OPERATOR OF A STATIONARY SOURCE THAT HAS 2,500 POUNDS OR MORE OF CHLORINE IN A PROCESS AS DEFINED IN 40 CFR SECTION 68.3 MUST DEVELOP AN RMPROGRAM ACCIDENTAL RELEASE PREVENTION PROGRAM, AND SUBMIT AND REGISTER A SINGLE RISK MGMT PLAN TO EPA. RESPONDENT HAS SUBMITTED AND REGISTERED AN RMPLAN TO EPA FOR THE STATIONARY SOURCE IDENTIFIED IN PARAGRAPH 6 OF THIS CAFO. RESPONDENT HAS DEVELOPED AN RMPROGRAM ACCIDENTAL RELEASE PREVENTION PROGRAM FOR THE STATIONARY SOURCE. ON OR ABOUT MAY 11, 2006, EPA CONTACTED THE RESPONDENT CONCERNING THE FACT THAT THE RESPONDENT HAD NOT SUBMITTED THE RMPLAN FOR ITS FACILITY LOCATED AT 4805 SECOND ST., MUSCLE SHOALS, AL. THE RMPLAN WAS DUE FOR SUBMISSION ON JUNE 21, 2004. FAILURE TO REVIEW, UPDATE, AND SUBMIT THE RMPLAN ON OR BEFORE ITS APPLICABLE DUE DATE IS A VIOLATION OF THE RMPROGRAM REGULATIONS PROMULGATED AT 40 CFR 68.190(b)(1) UNDER SECTION 112(r) OF THE ACT.

Defendants (1)

• WISE ALLOYS, LLCNamed in complaintNamed in settlement

Facilities (1)

• CONSTELLIUM PLANT

  4805 SECOND ST, MUSCLE SHOALS, AL, 35661

  Registry ID: 110000516683

Statutes cited

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

Enforcement conclusions (1)

• WISE ALLOYS, LLCentered 2006-12-11

  Primary law: CAA

  Federal penalty: $7,700

Timeline (4 milestones)

• 2006-12-11Final Order Issued
• 2006-12-11Complaint Filed/Proposed Order
• 2006-12-12Enforcement Action Data Entered
• 2006-12-27Enforcement Action Closed