EPA v. BERMCO ALUMINUM

Case summary

7/29/2008 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $16,100. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: AT THE TIME OF INSPECTION, MARCH 29, 2007, EPA ALLEGES THAT RESPONDENT WAS NOT COMPLIANT WITH THE REGULATORY REQUIREMENTS OF 40 CFR PART 68. THE SPECIFIC ALLEGED VIOLATIONS ARE AS FOLLOWS: FAILURE TO PROVIDE EVIDENCE THAT RESPONDENT DEVELOPED WRITTEN SCHEDULES DOCUMENTING WHEN PROCESS HAZARD ANALYSIS ACTION WERE TO BE COMPLETED AS REQUIRED BY 40 CFR SECTION 68.67(e); FAILURE TO DEVELOP AND IMPLEMENT WRITTEN OPERATING PROCEDURES THAT ADDRESS THE FOLLWING ELEMENTS FOUND AT 40 CFR SECTIN 68.69(a):(3) SAFETY AND HEALTH CONSIDERATIONS, INCLUDING (i) PROPERTIES OF, AND HAZARDS PRESENTED BY THE CHEMICALS USED IN THE PROCESS, AND (iii) CONTROL MEASURES TO BE TAKEN IF PHYSICAL CONTACT OR AIRBORNE EXPOSURE OCCURS; FAILURE, AT LEAST EVERY THREE YEARS, TO PROVIDE REFRESHER TRAINING TO EMPLOYEES INVOLVED WITH THE COVERED PROCESSES TO ENSURE THAT IS EMPLOYEES UNDERSTAND AND ADHERE TO THE CURRENT OPERATING PROCEDURES, AS REQUIRED BY 40 CFR SECTION 68.71(b); AND FAILURE, AT LEAST EVERY THREE YEARS FOR THE LIFE OF THE PROCESS, TO EVALUATED ITS COMPLIANCE WITH THE PREVENTION PROGRAM REQUIREMENTS AND CERTIFIED THAT ITS PROCEDURES AND PRACTICES ARE ADEQUATE AND ARE BEING FOLLOWED AS REQUIRED BY 40 CFR SECTION 68.79(a).

Defendants (1)

• BERMCO ALUMINUMNamed in complaintNamed in settlement

Facilities (1)

• BERMCO ALUMINUM

  616 33RD PLACE N, BIRMINGHAM, AL, 35222

  Registry ID: 110000366915

Statutes cited

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

Enforcement conclusions (1)

• BERMCO ALUMINUMentered 2008-07-29

  Primary law: CAA

  Federal penalty: $16,100

Timeline (4 milestones)

• 2008-07-29Complaint Filed/Proposed Order
• 2008-07-29Final Order Issued
• 2008-07-31Enforcement Action Data Entered
• 2008-08-11Enforcement Action Closed