EPA v. MOST, INC.

Case summary

8/4/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $35,350. RESPONDENT SHALL MAKE FOUR (4) CONSECUTIVE MONTHLY INSTALLMENTS. THE FIRST INSTALLMENT OF $8,848.56 IS DUE WITHIN THIRTY DAYS. THE FINAL INSTALLMENT OF $8,848.54 IS DUE WITHIN 120 DAYS. ORDER ALLEGES: BASED ON AN RMProgram COMPLIANCE MONITORING INSPECTION CONDUCTED ON AUGUST 10, 2010, THE 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 78 WHEN IT: FAILED TO COMPILE THE FOLLOWING WRITTEN PROCESS SAFETY INFORMATION AS REQUIRED 40 CFR SECTION 68.65(c)(1) PERTAINING TO THE TECHNOLOGY OF THE PROCESS: (i) A BLOCK FLOW DIAGRAM OR SIMPLIFIED PROCESS FLOW DIAGRAM, (ii) PROCESS CHEMISTRY, (iii) MAXIMUM INTENDED INVENTORY, (iv) SAFE UPPER AND LOWER LIMITS FOR SUCH ITEMS AS TEMPERATURES, PRESSURES, FLOWS OR COMPOSITIONS, AND (v) AN EVALUATION OF THE CONSEQUENCES OF DEVIATIONS; FAILED TO COMPILE THE FOLLOWING WRITTEN PROCESS SAFETY INFORMATION AS REQUIRED BY 40 CFR SECTION 68.65(d)(1) PERTAINING TO THE EQUIPMENT IN THE PROCESS: (iv) RELIEF SYSTEM DESIGN AND DESIGN BASIS, (v) VENTILATION SYSTEM DESIGN, (vi) DESIGN CODES AND STANDARDS EMPLOYED, (vii) MATERIAL AND ENERGY BALANCES FOR PROCESSES BUILT AFTER JUNE 21, 1999, AND (viii) SAFETY SYSTEMS (e.g. INTERLOCKS, DETECTION OR SUPPRESSION SYSTEMS); FAILED TO DOCUMENT THAT EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES AS REQUIRED BY 40 CFR SECTION 68.65(d)(2); FAILED TO PERFORM AN INITIAL PROCESS HAZARD ANALYSIS AS REQUIRED BY 40 CFR SECTION 68.67(a)-(e); FAILED TO CERTIFY ANNUALLY THAT ITS OPERATING PROCEDURES ARE CURRENT AND ACCURATE AS REQUIRED BY 40 CFR SECTION 68.69(c); FAILED TO ESTABLISH AND IMPLEMENT WRITTEN PROCEDURES TO MANAGE CHANGES TO PROCESS CHEMICALS, TECHNOLOGY, EQUIPMENT, AND PROCEDURES; AND, CHANGES TO STATIONARY SOURCES THAT AFFECT ITS COVERED PROCESS AS REQUIRED BY 40 CFR SECTION 68.75(a) & (b); AND FAILED TO SUBMIT A RISK MANAGEMENT PLAN 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 SECTION 68.150(b)(3).

Defendants (1)

• MOST, INC.Named in complaintNamed in settlement

Facilities (4)

• MISSOURI SMELTING TECHNOLOGY INC

  355 JAMES LAWRENCE RD, JACKSON, TN, 38305

  Registry ID: 110020903398

• MISSOURI SMELTING TECHNOLOGY INC

  355 JAMES LAWRENCE RD, JACKSON, TN, 38305

  Registry ID: 110020903398

• MISSOURI SMELTING TECHNOLOGY INC

  355 JAMES LAWRENCE RD, JACKSON, TN, 38305

  Registry ID: 110020903398

• MISSOURI SMELTING TECHNOLOGY INC

  355 JAMES LAWRENCE RD, JACKSON, TN, 38305

  Registry ID: 110020903398

Statutes cited

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

Enforcement conclusions (1)

• MOST, INC.entered 2011-08-04

  Primary law: CAA

  Federal penalty: $35,350

Timeline (4 milestones)

• 2011-08-04Complaint Filed/Proposed Order
• 2011-08-04Final Order Issued
• 2011-08-11Enforcement Action Data Entered
• 2011-11-08Enforcement Action Closed