EPA v. NU-FOAM PRODUCTS, INC.

Case summary

2/23/12 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $1,800. ALLEGED VIOLATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT RESPONDENT'S FACILITY ON OCT 7, 2010, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CAA'S CHEMICAL ACCIDENT PREVENTION PROGRAM WHEN AT THE TIME OF THE INSPECTION RESPONDENT DID NOT PROVIDE EVIDENCE THAT: - IT HAS PROVIDED REFRESHER TRAINING AT LEAST EVERY 3 YRS, OR MORE OFTEN IF NECESSARY, TO EACH EMPLOYEE OPERATING A PROCESS, TO ENSURE THAT THE EMPLOYEE UNDERSTANDS AND ADHERES TO THE CURRENT OPERATING PROCEDURES OF THE PROCESS AS REQUIRED BY 40 CFR 68.54(b); AND - IT HAS RETAINED COPIES OF THE TWO MOST RECENT COMPLIANCE AUDIT REPORTS THAT ARE LESS THAN FIVE YEARS OLD AS REQUIRED BY 40 CFR 68.58(e).

Defendants (1)

• NU-FOAM PRODUCTS, INC.Named in complaintNamed in settlement

Facilities (1)

• ARCHER-DANIELS-MIDLAND COMPANY -- OIL REFINERY

  1200 JUDD ROAD, CHATTANOOGA, TN, 37406-4711

  Registry ID: 110000371810

Statutes cited

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

Enforcement conclusions (1)

• NU-FOAM PRODUCTS, INC.entered 2012-02-23

  Primary law: CAA

  Federal penalty: $1,800

Timeline (4 milestones)

• 2012-02-23Complaint Filed/Proposed Order
• 2012-02-23Final Order Issued
• 2012-03-05Enforcement Action Data Entered
• 2012-03-09Enforcement Action Closed