EPA v. WISE ALLOYS, LLC

Case summary

9/3/2015 - CONSENT AND AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $4,900. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP. ORDER ALLEGES: BASED ON AN RMP COMPLIANCE MONITORING INVESTIGATION INITIATED ON AUGUST 5, 2013, THE EPA ALLEGES THAT THE RESPONDENT FAILED TO ADEQUATELY IMPLEMENT PROVISIONS OF 40 CFR PART 68, AND THEREBY VIOLATED THE CODIFIED RULES GOVERNING THE CAA CHEMICAL ACCIDENT PREVENTION PROVISIONS, BY FAILING TO: ESTIMATE IN THE RMP, THE POPULATION WITHIN A CIRCLE WITH ITS CENTER AT THE POINT OF THE RELEASE AND A RADIUS DETERMINED BY THE DISTANCE TO THE ENDPOINT AS REQUIRED BY 40 CFR SECTION 68.30(a); LIST IN THE RMP, THE ENVIRONMENTAL RECEPTORS WITHIN A CIRCLE WITH ITS CENTER AT THE POINT OF THE RELEASE AND A RADIUS DETERMINED BY THE DISTANCE TO THE ENDPOINT AS REQUIRED BY 40 CFR SECTION 68.33(a); DOCUMENT IN THE PROCESS SAFETY INFORMATION THAT EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES AS REQUIRED BY 40 CFR SECTION 68.65(d)(2); ADDRESS OPERATING LIMITS IN THE WRITTEN OPERATING PROCEDURES AS REQUIRED BY 40 CFR SECTION 68.69(a)(2); AND ESTABLISH AND IMPLEMENT WRITTEN PROCEDURES TO MAINTAIN THE ONGOING INTEGRITY OF PROCESS EQUIPMENT AS REQUIRED BY 40 CFR SECTION 68.73(b).

Defendants (1)

• WISE ALLOYS, LLCNamed in complaintNamed in settlement

Facilities (1)

• CONSTELLIUM MUSCLE SHOALS, LLC (WISE ALLOYS)

  4805 SECOND STREET, MUSCLE SHOALS, AL, 35661

  Registry ID: 110000516683

Statutes cited

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

Enforcement conclusions (1)

• WISE ALLOYS, LLCentered 2015-09-03

  Primary law: CAA

  Federal penalty: $4,900 · SEP: $18,992

Timeline (4 milestones)

• 2015-09-03Complaint Filed/Proposed Order
• 2015-09-03Final Order Issued
• 2015-09-10Enforcement Action Data Entered
• 2015-09-28Enforcement Action Closed