EPA v. TESSENDERLO KERLEY, INC.

Case summary

6/12/2014 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $7,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP. ORDER ALLEGES: BASED ON AN RMPROGRAM COMPLIANCE MONITORING INVESTIGATION INITIATED ON JULY 26, 2012, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CODIFIED RULES GOVERNING THE CAA CHEMICAL ACCIDENT PREVENTION PROVISIONS, BECAUSE RESPONDENT DID NOT ADEQUATELY IMPLEMENT PROVISIONS OF 40 CFR PART 68 WHEN IT: FAILED TO ESTABLISH A SYSTEM TO PROMPTLY ADDRESS THE TEAM'S PROCESS HAZARD ANALYSIS FAINDING AND RECOMMENDATIONS; ASSURE THAT THE RECOMMENDATIONS ARE RESOLVED IN A TIMELY MANNER AND THAT THE RESOLUTION IS DOCUMENTED; DOCUMENT WHAT ACTIONS ARE TO BE COMPLETED; COMMUNICATE THE ACTION TO OPERATING, MAINTENANCE AND OTHER EMPLOYEES WHOSE WORK ASSIGNMENTS ARE IN THE PROCESS AND WHO MAY BE AFFECTED BY THE RECOMMENDATIONS OR ACTIONS AS REQUIRED BY 40 CFR SECTION 68.67(e); FAILED TO CERTIFY EVALUATION OF COMPLIANCE AUDITS AT LEAST EVERY THREE YEARS TO VERIFY THAT PROCEDURES AND PRACTICES ARE ADEQUATE AND ARE BEING FOLLOWED AS REQUIRED BY 40 CFR SECTION 68.79(a); FAILED TO REVIEW THE AFFECTED PERSONNEL WHOSE JOB TASKS ARE RELEVANT TO INCIDENT FINDINGS AS REQUIRED BY 40 CFR SECTION 68.81(f).

Defendants (1)

• TESSENDERIO KERLEY, INC.Named in complaintNamed in settlement

Facilities (2)

• TESSENDERLO KERELY INC

  1431 STATE DOCKS RD., EUFAULA, AL, 36027

  Registry ID: 110000368502

• TESSENDERLO KERLEY, INC. - EUFAULA FACILITY

  1431 STATE DOCKS ROAD, EUFAULA, AL, 36027

  Registry ID: 110000368502

Statutes cited

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

Enforcement conclusions (1)

• TESSENDERIO KERLEY, INC.entered 2014-06-12

  Primary law: CAA

  Federal penalty: $7,000 · SEP: $25,000

Timeline (4 milestones)

• 2014-06-12Complaint Filed/Proposed Order
• 2014-06-12Final Order Issued
• 2014-06-18Enforcement Action Data Entered
• 2014-07-07Enforcement Action Closed