EPA v. PMC BIOGENIX, INC.

Case summary

8/10/2010 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $16,100 DUE WITHIN 30 DAYS. EPA ALLEGES THAT RESPONDENT VIOLATED THE CODIFIED RULES GOVERNING THE CAA CHEMICAL ACCIDENT PREVENTION PROVISIONS, BECAUSE RESPONDENT DID NOT ADEQUATELY IMPLEMENT PROVISIONS OF 40 CFR PART 68 WHEN: IT FAILED TO DEVELOP A WRITTEN SCHEDULE FOR THE IMPLEMENTATION/COMPLETION OF RECOMMENDATIONS (ACTION ITEMS) RESULTING FROM THE DERIVATIVES AMIDE PROCESS HAZARD ANALYSIS (PHA) OF RECORD, AND FAILURE TO DOCUMENT THE OUTCOME AND COMPLETION OF SUCH PHA ACTION ITEMS AS REQUIRED BY 40 CFR 68.67(e); IT FAILED TO DEVELOP AND IMPLEMENT WRITTEN OPERATING PROCEDURES THAT ADDRESS EMERGENCY SHUTDOWN, INCLUDING THE CONDITIONS UNDER WHICH EMERGENCY SHUTDOWN IS REQUIRED, AND THE ASSIGNMENT OF SHUTDOWN RESPONSIBILITY TO QUALIFIED OPERATORS TO ENSURE THAT EMERGENCY SHUTDOWN IN A SAFE AND TIMELY MANNER; AND STARTUP FOLLOWING A TURNAROUND, OR AFTER AN EMERGENCY SHUTDOWN AS REQUIRED BY 40 CFR 68.69(a)(1)(iv) AND (vii); AND IT FAILED TO CERTIFY ANNUALLY THAT THE OPERATING PROCEDURES ARE CURRENT AND ACCURANT AND THAT PROCEDURES HAVE BEEN REVIEWED AS OFTEN AS NECESSARY AS REQUIRED BY 40 CFR 68.69(c).

Defendants (1)

• PMC BIOGENIX, INC.Named in complaintNamed in settlement

Facilities (6)

• PMC BIOGENIX MEMPHIS PLANT

  1231 POPE STREET, MEMPHIS, TN, 38108

  Registry ID: 110000373998

• PMC BIOGENIX MEMPHIS PLANT

  1231 POPE STREET, MEMPHIS, TN, 38108

  Registry ID: 110000373998

• PMC BIOGENIX MEMPHIS PLANT

  1231 POPE STREET, MEMPHIS, TN, 38108

  Registry ID: 110000373998

• PMC BIOGENIX MEMPHIS PLANT

  1231 POPE STREET, MEMPHIS, TN, 38108

  Registry ID: 110000373998

• PMC BIOGENIX MEMPHIS PLANT

  1231 POPE STREET, MEMPHIS, TN, 38108

  Registry ID: 110000373998

• PMC BIOGENIX MEMPHIS PLANT

  1231 POPE STREET, MEMPHIS, TN, 38108

  Registry ID: 110000373998

Statutes cited

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

Enforcement conclusions (1)

• PMC BIOGENIX, INC.entered 2010-08-10

  Primary law: CAA

  Federal penalty: $16,100

Timeline (4 milestones)

• 2010-08-10Complaint Filed/Proposed Order
• 2010-08-10Final Order Issued
• 2010-08-19Enforcement Action Data Entered
• 2010-08-27Enforcement Action Closed