EPA v. VELSICOL CHEMICAL, LLC

Case summary

8/30/11 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $21,350, DUE WITHIN 30 DAYS. ALLEGATIONS: BASED ON AN RMPROGRAM COMPLIANCE MONITORING INSPECTION CONDUCTED ON JAN 6, 2010, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CODIFIED RULES GOVERNING THE CAA CHEMICAL ACCIDENT PREVENTION PROVISIONS, BECAUSE RESPONDENT DID NOT ADEQUATELY IMPLEMENT PROVISIONS OF 40 CFR PART 68 WHEN IT: - FAILED TO DEVELOP A MANAGEMENT SYSTEM TO OVERSEE THE IMPLEMENTATION OF THE RMP ELEMENTS AS REQUIRED BY 40 CFR 68.15(a); - FAILED TO DOCUMENT PERSONS RESPONSIBLE FOR IMPLEMENTING INDIVIDUAL REQUIREMENTS, AND DEFINED LINES OF AUTHORITY THROUGH AN ORGANIZATION CHART OR SIMILAR DOCUMENT AS REQUIRED BY 40 CFR 68.15(c); - AS PART OF THE PROCESS HAZARD ANALYSIS (PHA) CONDUCTED IN THE YEAR 2008, FAILED TO COMPLETE PHA ACTION ITEMS AS SOON AS POSSIBLE AND DOCUMENT PHA ACTION ITEM CLOSURE AS REQUIRED BY 40 CFR 68.67(e); - FAILED TO RETAIN ALL PHAs, INCLUDING UPDATES OR REVALIDATIONS, FOR THE LIFE OF THE COVERED PROCESS AS REQUIRED BY 40 CFR 68.67(g); AND - FAILED TO ANNUALLY CERTIFY THAT ITS OPERATING PROCEDURES ARE CURRENT AND ACCURATE AS REQUIRED BY 40 CFR 68.69(c).

Defendants (1)

• VELSICOL CHEMICAL LLCNamed in complaintNamed in settlement

Facilities (4)

• VELSICOL CHEMICAL

  1199 WARFORD, MEMPHIS, TN, 38108

  Registry ID: 110011703530

• VELSICOL CHEMICAL

  1199 WARFORD, MEMPHIS, TN, 38108

  Registry ID: 110011703530

• VELSICOL CHEMICAL

  1199 WARFORD, MEMPHIS, TN, 38108

  Registry ID: 110011703530

• VELSICOL CHEMICAL

  1199 WARFORD, MEMPHIS, TN, 38108

  Registry ID: 110011703530

Statutes cited

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

Enforcement conclusions (1)

• VELSICOL CHEMICAL, LLCentered 2011-08-30

  Primary law: CAA

  Federal penalty: $21,350

Timeline (4 milestones)

• 2011-08-30Final Order Issued
• 2011-08-30Complaint Filed/Proposed Order
• 2011-09-08Enforcement Action Data Entered
• 2011-09-21Enforcement Action Closed