EPA v. CHEROKEE NITROGEN, LLC

Case summary

2/2/16 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $26,250. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP. ORDER ALLEGES: BASED ON AN RMPROGRAM COMPLIANCE MONITORING INVESTIGATION INITIATED BY EPA ON MAY 20, 2013, 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 ESTIMATE THE POPULATION THAT WOULD BE INCLUDED IN THE DISTANCE TO THE ENDPOINT BASED ON A CIRCLE WITH THE POINT OF RELEASE AT THE CENTER WHEN DEFINING OFFSITE IMPACTS AS REQUIRED BY 40 CFR SECTION 68.30(a); FAILED TO IDENTIFY ENVIRONMENTAL RECEPTORS THAT WOULD BE INCLUDED IN THE DISTANCE TOTHE ENDPOINT BASED ON A CIRCLE WITH THE POINT OF RELEASE AT THE CENTER WHEN DEFINING OFFSITE IMPACTS AS REQUIRED BY 40 CFR SECTION 68.33(a); FAILED TO DOCUMENT SAFE UPPER AND LOWER LIMITS FOR SUCH ITEMS AS TEMPERATURES, PRESSURES, FLOWS OR COMPOSITIONS AS REQUIRED BY 40 CFR SECTION 68.65(c)(1)(iv); FAILED TO DOCUMENT PIPING INFORMATION AND INSTRUMENTATION DIAGRAMS PERTAINING TO EQUIPMENT IN THE PROCESS AS REQUIRED BY 40 CFR SECTION 68.69(a)(2)(i); FAILED TO ADDRESS CONSEQUENCES OF DEVIATIONS FROM OPERATING LIMITS IN THE WRITTEN OPERATING PROCEDURES AS REQUIRED BY 40 CFR SECTION 68.69(a)(2)(i); FAILED TO ADDRESS STEPS TO CORRECT OR AVOID DEVIATIONS FROM OPERATING LIMITS IN THE WRITTEN OPERATING PROCEDURES AS REQUIRED BY 40 CFR SECTION 68.69(a)(2)(ii); FAILED TO ENSURE THAT EQUIPMENT AS IT WAS FABRICATD IS SUITABLE FOR THE PROCESS APPLICATION FOR WHICH IT WILL BE USED IN CONSTRUCTION OF NEW PLANTS AND EQUIPMENT AS REQUIRED BY 40 CFR SECTION 68.73(f)(1); FAILED TO ENSURE THAT MAINTENANCE MATERIALS, SPARE PARTS AND EQUIPMENT WERE SUITABLE FOR THE PROCESS APPLICATION FOR WHICH THEY WOULD BE USED AS REQUIRED BY 40 CFR SECTION 68.73(f)(3); FAILED TO ESTABLISH A SYSTEM TO ADDRESS AND RESOLVE THE INCIDENT REPORT FININGS AND RECOMMENDATIONS, AND DOCUMENT THE RESOLUTIONS AND CORRECTIVE ACTIONS AS REQUIRED BY 40 CFR SECTION 68.81(e).

Defendants (1)

• CHEROKEE NITROGEN, LLCNamed in complaintNamed in settlement

Facilities (1)

• CHEROKEE NITROGEN

  1080 INDUSTRIAL DR, CHEROKEE, AL, 35616

  Registry ID: 110000589373

Statutes cited

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

Enforcement conclusions (1)

• CHEROKEE NITROGEN, LLCentered 2016-02-02

  Primary law: CAA

  Federal penalty: $26,250 · SEP: $98,575

Timeline (4 milestones)

• 2016-02-02Final Order Issued
• 2016-02-02Complaint Filed/Proposed Order
• 2016-02-05Enforcement Action Data Entered
• 2016-03-03Enforcement Action Closed