EPA v. INDUSTRIAL CHEMICALS, INC.

Case summary

8/4/2011 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $5,440. RESPONDENT SHALL MAKE PAYMENT WITHIN FIFTEEN DAYS. AGREEMENT ALLEGES: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY, ON JULY 15, 2010, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN AT THE TIME OF INSPECTION, RESPONDENT DID NOT PROVIDE EVIDENCE THAT: AS PART OF ITS RISK MANAGEMENT PLAN REGISTRATION, IT ASSIGNED THE CORRECT PROGRAM LEVEL(S) TO ITS COVERED PROCESS(es) AS REQUIRED BY 40 CFR SECTION 68.170(b)(7); ITS PROCESS HAZARD REVIEW IDENTIFIED AND DOCUMENTED A REVIEW OF THE FOLLOWING AS REQUIRED BY 40 CFR SECTION 68.50(a)(1) & (2): THE HAZARDS ASSOCIATED WITH THE PROCESS AND REGULATED SUBSTANCES, AND OPPORTUNITIES FOR EQUIPMENT MALFUNCTIONS OR HUMAN ERRORS THAT COULD CAUSE AN ACCIDENTAL RELEASE; AND IT HAS AT LEAST EVERY THREE YEARS, CERTIFIED THAT IT HAS EVALUATED ITS COMPLIANCE WITH THE PROVISIONS OF 40 CFR PART 68 TO VERIFY THAT ITS ACCIDENT PREVENTION PROCEDURES AND PRACTICES ARE ADEQUATE AND ARE BEING FOLLOWED AS REQUIRED BY 40 CFR SECTION 68.58(a).

Defendants (1)

• INDUSTRIAL CHEMICALS, INCNamed in complaintNamed in settlement

Facilities (1)

• INDUSTRIAL CHEMICALS INC.

  1125 ROBERTS INDUSTRIAL DRIVE, BIRMINGHAM, AL, 352081224

  Registry ID: 110000366675

Statutes cited

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

Enforcement conclusions (1)

• INDUSTRIAL CHEMICAL, INC.entered 2011-08-04

  Primary law: CAA

  Federal penalty: $5,440

Timeline (4 milestones)

• 2011-08-04Complaint Filed/Proposed Order
• 2011-08-04Final Order Issued
• 2011-08-10Enforcement Action Data Entered
• 2011-10-17Enforcement Action Closed