EPA v. INTERNATIONAL PAPER COMPANY

Case summary

11/5/2014 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $50,400. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: BASED ON AN RMProgram COMPLIANCE MONITORING INVESTIGATION INITITATED BY EPA ON JULY 22-24, 2013, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CODIFIED FULES GOVERNING THE CAA CHEMICAL ACCIDENT PREVENTION PROVISIONS, BECAUSE RESPONDENT DID NOT ADEQUATELY IMPLEMENT PROVISIONS OF 40 CFR PART 68 WHEN IT: FAILED TO INCLUDE IN THE PROCESS SAFETY INFORMATION, AN EVALUATION OF THE CONSEQUENCES OF DEVIATION AS REQUIRED BY 40 CFR SECTION 68.65(c)(1)(v); FAILED TO INCLUDE IN THE PROCESS SAFETY INFORMATION, PIPING AND INSTRUMENT DIAGRAMS FOR INFORMATION PERTAINING TO THE EQUIPMENT IN THE PROCESS AS REQUIRED BY 40 CFR SECTION 68.65(d)(1)(ii); FAILED TO ESTABLISH A SYSTEM TO PROMPTLY ADDRESS THE PROCESS HAZARD ANALYSIS TEAM'S FINDINGS AND RECOMMENDATIONS; ASSURE THAT THE RECOMMENDATIONS ARE RESOLVED IN A TIMELY MANNER AND THAT THE RESOLUTION IS DOCUMENTED; DOCUMENT WHAT ACTIONS ARE TO BE TAKEN; COMPLETE ACTIONS AS SOON AS POSIBLE; DEVELOP A WRITTEN SCHEDULE OF WHEN THESE ACTIONS ARE TO BE COMPLETED; COMMUNICATED THE ACTIONS 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 UPDATE AND REVALIDATE THE PROCESS HAZARD ANALYSIS AT LEAST EVERY FIVE (5) YEARS AS REQUIRED BY 40 CFR SECTION 68.67(f); FAILED TO HAVE THE FREQUENCY OF INSPECTIONS AND TESTS OF PROCESS EQUIPMENT BE CONSISTENT WITH APPLICABLE MANUFACTERS' RECOMMENDATIONS AND GOOD ENGINEERING PRACTICES, AND MORE FREQUENTLY IF DETERMINED TO BE NECESSARY BY PRIOR OPERATING EXPERIENCE AS REQUIRED BY 40 CFR SECTION 68.73(c)(3); FAILED TO UPDATE PROCESS SAFETY INFORMATION WHEN A CHANGE RESULTS IN A CHANGE IN THE PROCESS SAFETY INFORMATION AS REQUIRED BY 40 CFR SECTION 68.75(d).

Defendants (1)

• INTERNATIIONAL PAPER COMPANYNamed in complaintNamed in settlement

Facilities (4)

• INTERNATIONAL PAPER COURTLAND MILL

  16504 CO RD 150, COURTLAND, AL, 35618

  Registry ID: 110000589382

• INTERNATIONAL PAPER COURTLAND MILL

  16504 CO RD 150, COURTLAND, AL, 35618

  Registry ID: 110000589382

• INTERNATIONAL PAPER COURTLAND MILL

  16504 CO RD 150, COURTLAND, AL, 35618

  Registry ID: 110000589382

• INTERNATIONAL PAPER COURTLAND MILL

  16504 CO RD 150, COURTLAND, AL, 35618

  Registry ID: 110000589382

Statutes cited

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

Enforcement conclusions (1)

• INTERNATIONAL PAPER COMPANYentered 2014-11-05

  Primary law: CAA

  Federal penalty: $50,400

Timeline (4 milestones)

• 2014-11-05Complaint Filed/Proposed Order
• 2014-11-05Final Order Issued
• 2014-11-07Enforcement Action Data Entered
• 2014-12-04Enforcement Action Closed