EPA v. ARICHEM, LLC

Case summary

4/29/08 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $1,080. ALLEGED VIOLATIONS: EPA ALLEGES THAT RESPONDENT VIOLATED THE CAA'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDE EVIDENCE THAT: (1) IT HAD DOCUMENTED THE NAMES OR POSITIONS OF ALL PERSONS RESPONSIBLE FOR IMPLEMENTING INDIVIDUAL PREVENTION PROGRAM ELEMENTS AND DEFINED THE LINES OF AUTHORITY THROUGH AN ORGANIZATION CHART OR SIMILAR DOCUMENT AS REQUIRED BY 40 CFR 68.15(c); (2) ITS 2004 PROCESS HAZARD ANALYSIS ADDRESSED STATIONARY SOURCE SITING AND HUMAN FACTORS AS REQUIRED BY 40 CFR 8.67(c)(5) AND (6); (3) ITS OPERATION PROCEDURES ADDRESS EMERGENCY SHUTDOWN, INCLUDING THE CONDITIONS UNDER WHICH EMERGENCY SHUTDOWN IS REQUIRED; AND THE ASSIGNMENT OF SHUTDOWN RESPONSIBLITY TO QUALIFIED OPERATORS TO ENSURE THAT EMERGENCY SHOWDOWN IS EXECUTED IN A SAFE AND TIMELY MANNER AS REQUIRED BY 40 CFR 68.69(a)(1)(iv); (4) ITS OPERATING PROCEDURES ADDRESS PROPERTIES OF, AND HAZARDS PRESENTED BY THE CHEMICALS USED IN THE PROCESS; THE PRECAUTIONS NECESSARY TO PREVENT EXPOSURE, INCLUDING ENGINEERING CONTROLS, ADMINISTRATIVE CONTROLS AND PERSONAL PROTECTIVE EQUIPMENT; AND THE CONTROL MEASURES TO BE TAKEN IF PHYSICAL CONTACT OR AIRBORNE EXPOSURE OCCURS AS REUQIRED BY 40 CFR 68.69(a)(3)(i), (ii) AND (iii); AND (5) IT HAD AT LEAST EVERY 3 YRS, 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 68.79(a).

Defendants (1)

• ARICHEM, LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• ARICHEM LLC

  187 SLOSS INDUSTRIES ROAD, ARITON, AL, 36311

  Registry ID: 110010380694

Statutes cited

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

Enforcement conclusions (1)

• ARICHEM, LLCentered 2008-04-26

  Primary law: CAA

  Federal penalty: $1,080

Timeline (4 milestones)

• 2008-04-26Final Order Issued
• 2008-04-26Complaint Filed/Proposed Order
• 2008-05-06Enforcement Action Data Entered
• 2008-05-29Enforcement Action Closed