EPA v. PENNAKEM LLC

Case summary

8/2/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $4,463. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: BASED ON AN RMPROGRAM COMPLIANCE MONITORING INSPECTION CONDUCTED ON AUGUST 28, 2008, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CODIFIED RULES GOVERNING THE CAA CHEMICAL ACCIDENT PREVENTION PROVISIONS, BECAUSE RESPONDENT DID NOT ADEQUATELY IMPLEMENT A PROVISION OF 40 CFR PART 68 WHEN IT: FAILED TO UPDATE AND REVALIDATE ITS PROCESS HAZARD ANALYSIS (PHA) AT LEAST EVERY FIVE YEARS AFTER THE COMPLETION OF THE INITIAL PHA TO ASSURE THAT ITS PHA IS CONSISTENT WITH THE CURRENT PROCESS AS REQUIRED BY 40 CFR SECTION 68.67(f); AND FAILED TO REVIEW, UPDATE AND SUBMIT ITS RISK MANAGEMENT PLAN (RMPLAN) TO EPA AT LEAST EVERY FIVE YEARS AS REQUIRED BY 40 CFR SECTION 68.190(b)(1). THE RESPONDENT'S RMPLAN WAS DUE FOR ITS FIVE YEAR REVIEW UPDATE AND RESUBMISSIN ON OR BEFORE JUNE 18, 2009. AS OF MARCH 3, 2010, THE RESPONDENT HAD NOT UPDATED AND RESUBMITTED ITS RMPLAN.

Defendants (1)

• PEENAKEM LLCNamed in complaintNamed in settlement

Facilities (2)

• MINASOLVE, LLC

  3324 CHELSEA, MEMPHIS, TN, 38108

  Registry ID: 110009446643

• MINASOLVE, LLC

  3324 CHELSEA, MEMPHIS, TN, 38108

  Registry ID: 110009446643

Statutes cited

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

Enforcement conclusions (1)

• PENNAKEM LLCentered 2010-08-02

  Primary law: CAA

  Federal penalty: $4,463 · SEP: $18,000

Timeline (4 milestones)

• 2010-08-02Complaint Filed/Proposed Order
• 2010-08-02Final Order Issued
• 2010-08-04Enforcement Action Data Entered
• 2010-09-08Enforcement Action Closed