EPA v. ISP CHEMICALS, LLC

Case summary

8/30/10 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $4,140 DUE WITHIN 15 DAYS. ALLEGATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT RESPONDENT'S FACILITY LOCATED AT BUILDING 5565 INDUSTRIAL ROAD, REDSTONE ARSENAL, AL, ON DEC 15, 2009, EPA ALLEGES THAT RESPONDENT VIOLATED THE CAA'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN RESPONDENT DID NOT PROVIDE EVIDENCE THAT: IT HAS ANNUALLY CERTIFIED THAT ITS OPERATING PROCEDURES ARE CURRENT AND ACCURATE, TO ASSURE THAT THE PROCEDURES REFLECT CURRENT OPERATING PRACTICES AS REQUIRED BY 40 CFR 68.69(c); IT HAS PROVIDED REFRESHER TRAINING AT LEAST EVERY 3 YRS, OR MORE OFTEN IF NECESSARY, TO EACH EMPLOYEE INVOLVED IN OPERATING EACH COVERED PROCESS TO ASSURE THAT THE EMPLOYEE UNDERSTANDS AND ADHERES TO THE CURRENT OPERATING PROCEDURES OF THE PROCESS AS REQUIRED BY 40 CFR 68.71(b); AS PART OF ITS TRAINING RECORDS, IT HAS DOCUMENTED THE MEANS USED TO VERIFY THAT EACH EMPLOYEE UNDERSTOOD THE TRAINING AS REQUIRED BY 40 CFR 68.71(c); AND IT HAS CONDUCTED COMPLIANCE EVALUATIONS, AT LEAST EVERY 3 YRS, AND BASED ON SUCH EVALUATIONS, CERTIFIED THAT ITS ACCIDENT PREVENTION PROCEDURES AND PRACTICES ARE ADEQUATE AND ARE BEING FOLLOWED AS REQUIRED BY 40 CFR 68.79(a).

Defendants (1)

• ISP CHEMICAL LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• ISP CHEMICALS INC

  BLDG 5565 INDUSTRIAL RD, HUNTSVILLE, AL, 35898

  Registry ID: 110056966092

Statutes cited

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

Enforcement conclusions (1)

• ISP CHEMICALS, LLCentered 2010-08-30

  Primary law: CAA

  Federal penalty: $4,140

Timeline (4 milestones)

• 2010-08-30Final Order Issued
• 2010-08-30Complaint Filed/Proposed Order
• 2010-08-31Enforcement Action Data Entered
• 2010-09-30Enforcement Action Closed