EPA v. MAPA SPONTEX, INC.

Case summary

1/12/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $17,500, DUE WITHIN 30 DAYS. EPA ALLEGES THAT RESPODENT VIOLATED THE CODIFIED RULES GOVERNING THE CAA CHEMICAL ACCIDENT PREVENTION PROVISIONS BECAUSE RESPONDENT DID NOT ADEQUATELY IMPLEMENT PROVISIONS OF 40 CFR PART 68 WHEN: RESPONDENT FAILED TO DOCUMENT THE NAMES OR POSITIONS OF ALL PERSONS ASSIGNED TO IMPLEMENT INDIVIDUAL REQUIREMENTS OF THE FACILITY'S ACCIDENT PREVENTION PROGRAM, AND TO DOCUMENT THE ASSOCIATED LINES OF AUTHORITY OF SUCH PERSONS OR POSITIONS THRU AN ORGANIZATION CHART OR SIMILAR DOCUMENT AS REQUIRED BY 40 CFR 68.15(c); RESPONDENT FAILED TO DEVELOP A WRITTEN SCHEDULE FOR THE IMPLEMENTATION/COMPLETION OF RECOMMENDATIONS (ACTION ITEMS) RESULTING FROM TEH 2005 PROCESS HAZARD ANALYSIS, AND FAILURE TO DOCUMENT THE OUTCOME AND COMPLETION OF ACTION ITEM IDENTIFIED AS NODE 2.10(19) AS REQUIRED BY 40 CFR 68.67(e); RESPONDENT FAILED TO CERTIFY ANNUALLY THAT THE OPERATING PROCEDURES ARE CURRENT AND ACCURATE AND THAT PROCEDURES HAVE BEEN REVIEWED AS OFTEN AS NECESSARY AS REQUIRED BY 40 CFR 68.69(c); RESPONDENT FAILED TO CONDUCT AUDITS TO EVALUATE ITS COMPLIANCE WITH THE CHEMICAL ACCIDENT PREVENTION PROGRAM REQUIREMENTS AT LEAST EVERY 3 YEARS AS REQUIRED BY 40 CFR 68.79(a); AND RESPONDENT FAILED TO COMPLY WITH THE REPORTING REQUIREMENTS OF 40 CFR 68.195(a). UNDER SUCH REQUIREMENT, IF AN OWNER OR OPERATOR EXPERIENCES AN ACCIDENTAL RELEASE THAT MEETS THE 5-YR ACCIDENT HISTORY REPORTING CRITERIA (AS DEFINED AT 40 CFR 68.42) SUBSEQUENT TO APR 9, 2004, THE OWNER OR OPERATOR MUST SUBMIT THE INFO REQUIRED AT 40 CFR 68.168, 68.170(j) AND 68.175(l) WITHIN 6 MONTH OF THE RELEASE. A REPORTABLE ACCIDENT OCCURRED AT THE FACILITY ON SEPT 13, 2006. HOWEVER, MAPA SPONTEX, INC., DID NOT SUBMIT THE REQUIRED ACCIDENT HISOTRY INFO UNTIL MAR 10, 2008 (POSTMARK DATE) 12 MONTH LATER THAN REQUIRED.

Defendants (1)

• MAPA SPONTEX, INC.Named in complaintNamed in settlement

Facilities (2)

• SPONTEX, INC.

  100 SPONTEX DRIVE, COLUMBIA, TN, 38401

  Registry ID: 110007849374

• SPONTEX, INC.

  100 SPONTEX DRIVE, COLUMBIA, TN, 38401

  Registry ID: 110007849374

Statutes cited

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

Enforcement conclusions (1)

• MAPA SPONTEX, INC.entered 2010-01-12

  Primary law: CAA

  Federal penalty: $17,500

Timeline (4 milestones)

• 2010-01-12Final Order Issued
• 2010-01-12Complaint Filed/Proposed Order
• 2010-01-20Enforcement Action Data Entered
• 2010-02-03Enforcement Action Closed