EPA v. RICH PRODUCTS CORPORATION

Case summary

8/6/2009 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $3,360. RESPONDENT SHALL MAKE PAYMENT WITHIN FIFTEEN DAYS. ORDER ALLEGES: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY, ON AUGUST 29, 2007, EPA ALLEGES RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDE EVIDENCE THAT: AS PART OF ITS 2006 PROCESS HAZARD ANALYSIS (PHA), IT ESTABLISHED A SYSTEM TO PROMPTLY ADDRESS THE PHA FINDINGS AND RECOMMENDATIONS, AND DOCUMENTED CLOSURE OF SUCH FINDINGS AND RECOMMENDATIONS AS REQUIRED BY 40 CFR SECTION 68.67(e); IT HAS 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 (i) PROPERTIIES OF, AND HAZARDS PRESENTED BY THE CHEMICALS USED IN THE PROCESS; (ii) PRECAUTIONS NECESSARY TO PREVENT EXPOSURE, INCLUDING ENGINEERING CONTROLS, ADMINISTRATIVE CONTROLS AND PERSONAL PROTECTIVE EQUIPMENT; AND (ii) CONTROL MEASURES TO BE TAKEN IF PHYSICAL CONTACT OR AIRBORNE EXPOSURE OCCURS; IT HAS ANNUALLY CERTIFIED THAT ITS OPERATING PROCEDURES ARE CURRENT AND ACCURATE AND THAT PROCEDURES HAVE BEEN REVIEWED AS OFTEN AS NECESSARY AS REQUIRED BY 40 CFR SECTION 68.69(c); IT HAS DEVELOPED AND IMPLEMENTED SAFE WORK PRACTUICES (PROCEDURES/WORK PERMITS) TO PROVIDE FOR THE CONTROL OF HAZARDS DURING SPECIFIC OPERATIONS (LOCKOUT/TAGOUT, OPENING PROCESS EQUIPMENT OR PIPING) AS REQUIRED BY 40 CFR SECTION 68.69(d), TO CONTROL THE ENTRANCE, PRESENCE, AND EXIT OF CONTRACT EMPLOYEES IN THE COVERED PROCESS AREAS AS REQUIRED BY 40 CFR SECTION 68.87(b)(4).

Defendants (1)

• RICH PRODUCTS CORPORATIONNamed in complaintNamed in settlement

Facilities (2)

• RICH PRODUCTS CORPORATION

  625 BUTLER DRIVE, MURFREESBORO, TN, 37127

  Registry ID: 110000573184

• RICH PRODUCTS CORPORATION

  625 BUTLER DRIVE, MURFREESBORO, TN, 37127

  Registry ID: 110000573184

Statutes cited

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

Enforcement conclusions (1)

• RICH PRODUCTS CORPORATIONentered 2009-08-06

  Primary law: CAA

  Federal penalty: $3,360

Timeline (4 milestones)

• 2009-08-06Complaint Filed/Proposed Order
• 2009-08-06Final Order Issued
• 2009-08-07Enforcement Action Data Entered
• 2009-08-20Enforcement Action Closed