EPA v. NEXAIR, LLC

Case summary

11/17/2009 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $4,130. RESPONDENT SHALL MAKE PAYMENT WITHIN FIFTEEN DAYS. ON JUNE 4, 2008, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIE EVIDENCE THAT: IT HAS DOCUMENTED THE NAMES OR POSITIONS OF ALL PERSONS RESPONSIBLE FOR IMPLEMENTING INDIVIDUAL PREVENTION PROGRAM ELEMENTS AND DEFINED THE LINES OF AUTHORITY THROUGH AN ORGANIZATION CHART OR SIMILAR DOCUMENT AS REQUIRED BY 40 CFR SECTION 68.15(c); ITS 2006 PROCESS HAZARD ANALYSIS (pha) ADDRESSED STATIONARY SOURCE SITING AS REQUIRED BY 40 CFR SECTION 68.67(c)(5); AS PART OF THE 2006 pha, IT DEVELOPED A WRITTEN SCHEDULE OF WHEN pha ACTION ITEMS WERE TO BE COMPLETED, AND DOCUMENTED THE COMPLETION OF SUCH ACTION ITEMS AS REQUIRED BY 40 CFR SECTION 68.67(e); IT HAS ANNUALLY CERTIFIED THAT ITS OPERATING PROCEDURES ARE CURRENT AND ACCURATE AS REQUIRED BY 40 CFR SECTION 68.69(c); AND IN ACCORDANCE WITH 40 CFR SECTION 68.195(a), IT SUBMITTED AN UPDATE TO ITS RISK MANAGEMENT PLAN FIVE-YEAR ACCIDENT HISTORY, INCLUDING INFORMATION REQUIRED AT 40 CFR SECTIONS 68,168, 68.170(j), WITHIN SIX MONTHS OF THE AUGUST 7, 2007, ACETYLENE INCIDENT THAT OCCURRED AT THE FACILITY.

Defendants (1)

• NEXAIR, LLCNamed in complaintNamed in settlement

Facilities (1)

• NEXAIR GAS CYLINDER PRODUCTION PLANT

  1211 NORTH MCLEAN BLVD., MEMPHIS, TN, 38108-1234

  Registry ID: 110039509270

Statutes cited

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

Enforcement conclusions (1)

• NEXAIR, LLCentered 2009-11-17

  Primary law: CAA

  Federal penalty: $4,130

Timeline (3 milestones)

• 2009-11-17Final Order Issued
• 2009-11-17Complaint Filed/Proposed Order
• 2009-11-20Enforcement Action Data Entered