EPA v. ALCO CHEMICAL DIVISION OF NATIONAL STARCH AND CHEMICAL COMPANY

Case summary

7/15/2008 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $2,100. RESPONDENT SHALL MAKE PAYMENT WITHIN FIFTEEN DAYS. AGREEMENT ALLEGES: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY, ON APRIL 4, 2007, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDE EVIDENCE THAT: AS PART OF THE PROCESS HAZARD ANALYSIS (PHA) CONDUCTED IN THE YEAR 2005, IT HAD DEVELOPED A WRITTEN SCHEDULE OF WHEN PHA ACTION ITEMS WERE TO BE COMPLETED AS REQUIRED BY 40 CFR SECTION 68.67(e); IT HAD DEVELOPED AND IMPLEMENTED WRITTEN OPERATING PROCEDURES THAT ADDRESS THE FOLLOWING ELEMENTS FOUND AT 40 CFR SECTION 68.69(a): (3) SAFETY AND HEALTH CONSIDERATIONS, INCLUDING (ii) CONTROL MEASURES TO BE TAKEN IF PHYSICAL CONTACT OR AIRBORNE EXPOSURE OCCURS; AND IT IMPLEMENTED ITS MANAGEMENT OF CHANGE PROCEDURES WHEN IT ADDED PROCESS INTERLOCKS AS REQUIRED BY 40 CFR SECTION 68.75(a).

Defendants (1)

• ALCO CHEMICAL DI.V OF NATIONAL STARCH AND CHEMICALNamed in complaintNamed in settlement

Facilities (4)

• ALCO CHEMICAL DIV. OF NATIONAL STARCH & CHEMICAL C

  909 MUELLER DR, CHATTANOOGA, TN, 37406

  Registry ID: 110011619294

• ALCO CHEMICAL DIV. OF NATIONAL STARCH & CHEMICAL C

  909 MUELLER DR, CHATTANOOGA, TN, 37406

  Registry ID: 110011619294

• ALCO CHEMICAL DIV. OF NATIONAL STARCH & CHEMICAL C

  909 MUELLER DR, CHATTANOOGA, TN, 37406

  Registry ID: 110011619294

• ALCO CHEMICAL DIV. OF NATIONAL STARCH & CHEMICAL C

  909 MUELLER DR, CHATTANOOGA, TN, 37406

  Registry ID: 110011619294

Statutes cited

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

Enforcement conclusions (1)

• ALCO CHEMICAL DIVISION OF NATIONAL STARCH AND CHEMICAL COMPANYentered 2008-07-15

  Primary law: CAA

  Federal penalty: $2,100

Timeline (4 milestones)

• 2008-07-15Complaint Filed/Proposed Order
• 2008-07-15Final Order Issued
• 2008-07-21Enforcement Action Data Entered
• 2008-07-25Enforcement Action Closed