EPA v. W. M. BARR AND COMPANY, INC.

Case summary

7/26/2007 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $14,700. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: ON JUNE 29, 2006, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED A COMPLIANCE MONITORING INSPECTION AT THE RESPONDENT'S STATIONARY SOURCE TO DETERMINE COMPLIANCE WITH THE RMPROGRAM REGULATIONS. AT THE TIME OF INSPECTION, EPA ALLEGES THAT THE RESPONDENT WAS NOT COMPLIANT WITH REGULATORY REQUIREMENTS OF 40 CFR PART 68. THE SPECIFIC ALLEGED VIOLATIONS CITED BELOW ARE RELEVANT TO THE RESPONDENT'S PAINT AND COATING MANUFACTURING PROCESSES (RMP PROCESSES 55092 THROUGH 55095): FAILURE TO PROVIDE EVIDENCE THAT, AT LEAST EVERY THREE YEARS, THE RESPONDENT HAS PROVIDED REFRESHER TRAINING TO EACH EMPLOYEE INVOLVED IN OPERATING ITS PROCESS TO ASSURE THAT EACH EMPLOYEE UNDERSTANDS AND ADHERES TO THE CURRENT OPERATING PROCEDURES OF THE PROCESS AS REQUIRED BY 40 CFR SECTION 68.54(b); AND FAILURE TO PROVIDE EVIDENCE THAT, AT LEAST EVERY THREE YEARS, THE RESPONDENT HAS EVALUATED ITS COMPLIANCE WITH THE PREVENTION PROGRAM REQUIREMENTS AND CERTIFIED THAT ITS PROCEDURES AND PRACTICES ARE ADEQUATE AND ARE BEING FOLLOWING AS REQUIRED BY 40 CFR SECTION 68.58(a).

Defendants (1)

• W. M. BARR AND COMPANY, INC.Named in complaintNamed in settlement

Facilities (1)

• VERTRAUEN CHEMIE SOLUTIONS

  2170 BUOY STREET, MEMPHIS, TN, 38113

  Registry ID: 110000556461

Statutes cited

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

Enforcement conclusions (1)

• W. M. BARR AND COMPANY, INC.entered 2007-07-26

  Primary law: CAA

  Federal penalty: $14,700

Timeline (4 milestones)

• 2007-07-26Complaint Filed/Proposed Order
• 2007-07-26Final Order Issued
• 2007-08-15Enforcement Action Data Entered
• 2007-08-16Enforcement Action Closed