EPA v. PMC ORGANOMETALLIX, INC.

Case summary

3/26/2014 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $33,600. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: BASED ON AN RMPROGRAM COMPLIANCE MONITORING INVESTIGATION INITIATED ON JANUARY 15-16, 2013, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CODIFIED RULES GOVERNING THE CAA CHEMICAL ACCIDENT PREVENTION PROVISIONS, BECAUSE RESPONDENT DID NOT ADEQUATELY IMPLEMENTS PROVISIONS OF 40 CFR PART 68 WHEN IT: FAILED TO ESTABLISH TO PROMPTLY ADDRESS THE TEAM'S PROCESS HAZARD ANALYSIS FINDINGS AND RECOMMENDATIONS; ASSURE THAT THE RECOMMENDATIONS ARE RESOLVED IN A TIMELY MANNER AND THAT THE RESOLUTION IS DOCUMENTED; AND DOCUMENT WHAT ACTIONS ARE TO BE COMPLETED AS REQUIRED BY 40 CFR SECTION 68.67(e); FAILED TO CERTIFY ANNUALY THAT OPERATING PROCEDURES ARE CURRENT AND ACCURATE AS REQUIRED BY 40 CFR SECTION 68.69(c); FAILED TO SUBMIT A CORRECTED RMP WITHIN ONE MONTH OF ANY CHANGE IN THE EMERGENCY CONTACT INFORMATION AS REQUIRED BY 40 CFR SECTION 68.195(b). FAILED TO ENSURE FREQUENCY OF INSPECTION AND TESTS OF CHLORINE DETECTORS ARE CONSISTENT WITH APPLICABLE MANUFACTER'S RECOMMENDATIONS AND GOOD ENGINEERING PRACTICES AS REQUIRED BY 40 CFR SECTION 68.73(d)(3); FAILED TO INCLUDE ON THE REGISTRATION FORM, THE CORRECT MAXIMUM QUANTITY (IN POUNDS)OF EACH REGULATED SUBSTANCE IN THE PROCESS AS REQUIRED BY 40 CFR SECTION 68.160(b)(7).

Defendants (1)

• PMC ORGANOMETALLIX, INC.Named in complaintNamed in settlement

Facilities (6)

• PMC ORGANOMETALLIX CARROLLTON PLANT

  2316 HIGHLAND AVENUE, CARROLLTON, KY, 41008

  Registry ID: 110000379563

• PMC ORGANOMETALLIX CARROLLTON PLANT

  2316 HIGHLAND AVENUE, CARROLLTON, KY, 41008

  Registry ID: 110000379563

• PMC ORGANOMETALLIX CARROLLTON PLANT

  2316 HIGHLAND AVENUE, CARROLLTON, KY, 41008

  Registry ID: 110000379563

• PMC ORGANOMETALLIX CARROLLTON PLANT

  2316 HIGHLAND AVENUE, CARROLLTON, KY, 41008

  Registry ID: 110000379563

• PMC ORGANOMETALLIX CARROLLTON PLANT

  2316 HIGHLAND AVENUE, CARROLLTON, KY, 41008

  Registry ID: 110000379563

• PMC ORGANOMETALLIX CARROLLTON PLANT

  2316 HIGHLAND AVENUE, CARROLLTON, KY, 41008

  Registry ID: 110000379563

Statutes cited

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

Enforcement conclusions (1)

• PMC ORGANOMETALLIX, INC.entered 2014-03-26

  Primary law: CAA

  Federal penalty: $33,600

Timeline (4 milestones)

• 2014-03-26Complaint Filed/Proposed Order
• 2014-03-26Final Order Issued
• 2014-03-28Enforcement Action Data Entered
• 2014-04-03Enforcement Action Closed