EPA v. RECYCLE AEROSOL, LLC

Case summary

6/9/10 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $3,360, DUE WITHIN 15 DAYS. ALLEGED VIOLATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT RESPONDENT'S FACILITY, EPA ALLEGES THAT RESPONDENT VIOLATED THE CAA'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDE 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 THRU AN ORGANIZATION CHART OR SIMILAR DOCUMENT AS REQUIRED BY 40 CCR 68.15(c); AS PART OF ITS SAFETY INFO DOCUMENTATION AND ITS CURRENT RISK MGMT PLAN (RMPlan), IT HAS COMPLIED, MAINTAINED AND REPORTED THE CORRECT MAXIMUM INTENDED INVENTORY OF THE PROCESS AS REQUIRED BY 40 CFR 68.65(c)(1)(iii) AND 40 CFR 68.160(b)7); IT HAS ESTABLISHED AND IMPLEMENTED WRITTEN PROCEDURES TO MAINTAIN THE ON-GOING INTEGRITY OF THE PROCESS EQUIPMENT AS REQUIRED BY 40 CFR 68.73(b); IT SUBMITTED ITS RMPlan NO LATER THAN THE DATE ON WHICH A REGULATED SUBSTANCE WAS FIRST PRESENT ABOVE A THRESHOLD QUANTITY IN A PROCESS AS REQUIRED BY 40 CFR 68.150(b)(3); AND ITS CURRENT RMPlan REGISTRATION INFO INCLUDES THE CORRECT PROGRAM LEVEL OF THE PROCESS AS REQUIRED BY 40 CFR 68.160(b)(7).

Defendants (1)

• RECYCLE AEROSOL, LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• RECYCLE AEROSOL LLC

  120 EVANS DR, BELLS, TN, 38006-3465

  Registry ID: 110005007394

Statutes cited

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

Enforcement conclusions (1)

• RECYCLE AEROSOL, LLCentered 2010-06-09

  Primary law: CAA

  Federal penalty: $3,360

Timeline (4 milestones)

• 2010-06-09Complaint Filed/Proposed Order
• 2010-06-09Final Order Issued
• 2010-06-15Enforcement Action Data Entered
• 2010-07-02Enforcement Action Closed