EPA v. AMFINE CHEMICAL CORPORATION

Case summary

7/19/12 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $7,200. ALLEGED VIOLATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT RESPONDENT'S FACILITY IN HOPKINSVILLE, KY, ON FEB 15, 2011, 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 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 68.15(c); ITW 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 68.69(a)(1)(iv); ITS WRITTEN OPERATING PROCEDURES ADDRESS THE PROPERTIES OF, AND HAZARDS PRESENTED BY, THE CHEMICALS USED IN THE PROCESS; AND CONTROL MEASURES TO BE TAKEN IF PHYSICAL CONTACT OR AIRBORNE EXPOSURE OCCURS AS REQUIRED BY 40 CFR 68.69(a)(3)(i) AND (iii); IT HAS CERTIFIED ANNUALLY THAT ITS OPERATING PROCEDURES ARE CURRENT AND ACCURATE AS REQUIRED BY 40 CFR 68.69(b); IT HAS PREPARED A TRAINING RECORD WHICH DOCUMENTS THE MEANS USED TO VERIFY THAT EACH EMPLOYEE UNDERSTOOD THE TRAINING AS REQUIRED BY 40 CFR 68.7(c); 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 PROGRAM PROCEDURES AND PRACTICES ARE ADEQUATE AND ARE BEING FOLLOWED AS REQUIRED BY 40 CFR 68.79(a).

Defendants (1)

• AMFINE CHEMICAL CORPORATIONNamed in complaintNamed in settlement

Facilities (2)

• AMFINE CHEMICAL CORP

  6805 JOHN RIVERS ROAD, HOPKINSVILLE, KY, 42240-8717

  Registry ID: 110002052894

• AMFINE CHEMICAL CORP

  6805 JOHN RIVERS ROAD, HOPKINSVILLE, KY, 42240-8717

  Registry ID: 110002052894

Statutes cited

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

Enforcement conclusions (1)

• AMFINE CHEMICAL CORPORATIONentered 2012-07-19

  Primary law: CAA

  Federal penalty: $7,200

Timeline (4 milestones)

• 2012-07-19Final Order Issued
• 2012-07-19Complaint Filed/Proposed Order
• 2012-07-26Enforcement Action Data Entered
• 2012-07-31Enforcement Action Closed