EPA v. DART CONTAINER COMPANY

Case summary

5/24/16 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $6,700. RESPONDENT SHALL MAKE PAYMENT FIFTEEN DAYS. ALLEGED VIOLATIONS: ON NOVEMBER 19, 2014, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PROVISIONS, WHEN AT THE TIME OF INSPECTION, RESPONDENT DID NOT PROVIDE EVIDENCE THAT: ITS WORST CASE RELEASE QUANTITY WAS THE GREATEST AMOUNT HELD IN A SINGLE VESSEL AS REQUIRED BY 40 CFR SECTION 68.65(b)(1); IT DOCUMENTED THAT EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES AS REQUIRED BY 40 CFR SECTION 68.65(d)(2); IT ESTABLISHED A SYSTEM TO PROMPTLY ADDRESS THE TEAM'S FINDINGS AND RECOMMENDATIONS; ASSURED THAT RECOMMENDATIONS ARE RESOLVED IN A TIMELY MANNER AND THAT THE RESOLUTION WERE DOCUMENTED WHAT ACTIONS ARE TO BE TAKEN; COMPLETE ACTIONS AS SOON AS POSSIBLE; DEVELOPED A WRITTEN SCHEDULE OF WHEN THESE ACTIONS ARE TO BE COMPLETED AS REQUIRED BY 40 CFR SECTION 68.67(e); IT CERTIFIED ANNUALLY THAT THE OPERATING PROCEDURES ARE CURRENT AND ACCURATE AS REQUIRED BY 40 CFR SECTION 68.69(e); IT PREPARED A RECORD WHICH CONTAINS TH IDENTITY OF TH EMPLOYEE, THE DATE OF TRAINING, AND THE MEANS USED TO VERIFY THAT THE EMPLOYEE UNDERSTOOD THE TRAINING AS REQUIRED BY 40 CFR SECTION 68.71(c); IT ESTABLISHED AND IMPLEMENTED WRITTEN PROCEDURES TO MANAGE CHANGES THAT ASSURED THE AUTHORIZATION REQUIREMENTS FOR THE PROPOSED CHANGE WERE ADDRESSED PRIOR TO ANY CHANGE AS REQUIRED BY 40 CFR SECTION 68.75(b)(5); IT INCLUDED THE MAXIMUM QUANTITY OF EACH REGULATED SUBSTANCE IN THE PROCESS TO TWO SIGNIFICANT DIGITS IN THE RISK MANAGEMENT PLAN AS REQUIRED BY 40 CFR SECTION 68.160(b)(7).

Defendants (1)

• DART CONTAINER COMPANYNamed in complaintNamed in settlement

Facilities (1)

• DART CONTAINER CORPORATION OF KENTUCKY

  975 DIXIE STREET, HORSE CAVE, KY, 42749-1468

  Registry ID: 110072153616

Statutes cited

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

Enforcement conclusions (1)

• DART CONTAINER COMPANYentered 2016-05-24

  Primary law: CAA

  Federal penalty: $6,700

Timeline (4 milestones)

• 2016-05-24Complaint Filed/Proposed Order
• 2016-05-24Final Order Issued
• 2016-05-31Enforcement Action Data Entered
• 2016-06-21Enforcement Action Closed