EPA v. OWENSBORO SPECIALTY POLYMERS

Case summary

1/19/2012 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $7300. RESPONDENT SHALL MAKE PAYMENT WITHIN FIFTEEN DAYS. AGREEMENT STATES: 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: IT HAS DOCUMENTED OTHER PERSONS RESPONSIBLE FOR IMPLEMENTING INDIVIDUAL REQUIREMENTS OF THE RISK MANAGEMENT PROGRAM AND DEFINED THE LINES OF AUTHORITY THROUGH AN ORGANIZATION CHART OR SIMILAR DOCUMENT AS REQUIRED BY 40 CFR SECTION 68.15(c); IT HAS ADDRESSED STATIONARY SOURCE SITING AS PART OF ITS PROCESS HAZARD ANALYSIS AS REQUIRED BY 40 CFR SECTION 68.67(c)(5); ITS WRITTEN OPERATING PROCEDURES ADDRESS EMERGENCY SHUTDOWN INCLUDING THE CONDITIONS UNDER WHICH EMERGENCY SHUTDOWN IS REQUIRED, AND THE ASSIGNMENT OF SHUTDOWN RESPONSIBILITY TO QUALIFIED OPERATORS TO ENSURE THAT EMERGENCY SHUTDOWN IS EXECUTED IN A SAFE AND TIMELY MANNER AS REQUIRED BY 40 CFR SECTION 68.69(a)(1)(iv); ITS WRITTEN OPERATING PROCEDURES ADDRESS PRECAUTIONS NECESSARY TO PREVENT EXPOSURE, INCLUDING ENGINEERING CONTROLS AND ADMINISTRATIVE CONTROLS AS REQUIRED BY 40 CFR SECTION 68.69(a)(3)(ii); IT HAS PROVIDED REFRESHER TRAINING AT LEAST EVERY THREE YEARS, 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 SECTION 68.71(b); IT HAS, AT LEAST EVERY THREE YEARS, CERTIFIED THAT IS HAS EVALUATED ITS COMPLIANCE WITH THE PROVISIONS OF 40 CFR PART 68 TO VERIFY THAT ITS ACCIDENT PREVENTION PROGRAM PROCEDURES AND PRACTICES ARE ADEQUATE AND ARE BEING FOLLOWED AS REQURIED BY 40 CFR SECTION 68.79(a); AND AS REQUIRED BY 40 CFR SECTION 68.195(b), IT SUBMITTED A CORRECTED RISK MANAGEMENT PLAN WITHIN ONE MONTH OF ANY CHANGE IN ITS EMERGENCY CONTACT INFORMATION REQUIRED UNDER 40 CFR SECTION 68.160(b)(6).

Defendants (1)

• OWENSBORO SPECIALITY POLYMERSNamed in complaintNamed in settlement

Facilities (1)

• OWENSBORO SPECIALTY POLYMERS

  5529 US HWY 60 EAST, OWENSBORO, KY, 42303

  Registry ID: 110000747835

Statutes cited

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

Enforcement conclusions (1)

• OWENSBORO SPECIALTY POLYMERSentered 2012-01-19

  Primary law: CAA

  Federal penalty: $7,300

Timeline (4 milestones)

• 2012-01-19Complaint Filed/Proposed Order
• 2012-01-19Final Order Issued
• 2012-01-26Enforcement Action Data Entered
• 2012-02-01Enforcement Action Closed