EPA v. AKZO NOBEL FUNCTIONAL CHEMICALS LLC

Case summary

9/1/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $18,200. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: BASED ON AN RMPROGRAM COMPLIANCE MONITORING INSPECTION CONDUCTED ON JUNE 17, 2009, 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 IMPLEMENT WRITTEN OPERATING PROCEDURES THAT ADDRESS THE FOLLOWING ELEMENTS FOUND AT 40 CFR SECTION 68.69(a): (3) SAFETY AND HEALTH CONSIDERATIONS, INCLUDING (i) PROPERTIES OF, AND HAZARDS PRESENTED BY THE CHEMICALS USED IN THE PROCESS; AND (iii) CONTROL MEASURES TO BE TAKEN IF PHYSICAL CONTACT OR AIRBORNE EXPOSURE OCCURS; FAILED TO ANNUALLY CERTIFY THAT ITS OPERATING PROCEDURES ARE CURRENT AND ACCURATE, TO ASSURE THAT THE PROCEDURES REFLECT CURRENT OPERATING PRACTICES AS REQUIRED BY 40 CFR SECTION 68.69(c); AND FAILED TO PROVIDE REFRESHER TRAINING AT LEAST EVERY THREE YEARS, OR MORE OFTEN IF NECESSARY, TO EACH EMPLOYEE INVOLVED IN OPERATING A PROCESS TO ASSURE THAT THE EMPLOYEE UNDERSTANDS AND ADHERES TO THE CURRENT OPERATING PROCEDURES OF THE PROCESS AS REQUIRED BY 40 CFR SECTION 68.71(b).

Defendants (1)

• AKZO NOBEL FUNCTIONAL CHEMICALS LLCNamed in complaintNamed in settlement

Facilities (4)

• AKZO NOBEL

  13440 HWY 43 N, AXIS, AL, 36505

  Registry ID: 110000741243

• AKZO NOBEL

  13440 HWY 43 N, AXIS, AL, 36505

  Registry ID: 110000741243

• AKZO NOBEL

  13440 HWY 43 N, AXIS, AL, 36505

  Registry ID: 110000741243

• AKZO NOBEL

  13440 HWY 43 N, AXIS, AL, 36505

  Registry ID: 110000741243

Statutes cited

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

Enforcement conclusions (1)

• AKZO NOBEL FUNCTIONAL CHEMICALS LLCentered 2010-09-01

  Primary law: CAA

  Federal penalty: $18,200

Timeline (3 milestones)

• 2010-09-01Final Order Issued
• 2010-09-01Complaint Filed/Proposed Order
• 2010-09-07Enforcement Action Data Entered