EPA v. HELM FERTILIZER TERMINAL, INC.

Case summary

1/10/17 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $72,800. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CODIFIED RULES OF 40 CFR PART 68, GOVERNING THE ACT'S CHEMICAL ACCIDENT PREVENTION PROVISIONS WHEN IT: FAILED TO MAINTAIN RECORDS ON THE OFFSITE CONSEQUENCE ANALYSES AS REQUIRED BY 40 CFR SECTION 68.39; FAILED TO INCLUDE AN EVALUATION OF THE CONSEQUENCES OF DEVIATIONS IN THE PROCESS SAFETY INFORMATION AS REQUIRED BY 40 CFR SECTION 68.65(c)(1)(v); FAILED TO INCLUDE RELIEF SYSTEM DESIGN AND DESIGN BASIS IN THE PROCESS SAFETY INFORMATION AS REQUIRED BY 40 CFR SECTION 68.65(d)(l)(iv); FAILED DOCUMENT THAT EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICE AS REQUIRED BY 40 CFR SECTION 68.65(d)(2); FAILED TO ADDRESS THE CONSEQUENCES OF DEVIATION IN THE WRITTEN OPERATING PROCEDURES AS REQUIRED BY 40 CFR SECTION 68.69(a)(2)(I); FAILED TO ADDRESS THE STEPS REQUIRED TO CORRECT OR AVOID DEVIATION IN THE WRITTEN OPERATING PROCEDURES AS REQUIRED BY 40 CFR SECTION 68.69(a)(2)(ii); AND FAILED TO PROVIDE REFRESHER TRAINING AT LEAST EVERY THREE YEARS TO EACH EMPLOYEE INVOLVED IN OPERATING PROCESS TO ASSURE THAT THE EMPLOYEE UNDERSTANDS AND ADHERES TO THE CURRENT OPERATING PROCEDURES OF THE PROCESS AS REQUIRED BY 40 CFR SECTION 68.71(b).

Defendants (1)

• HELM FERTILIZER TERMINAL, INC.Named in complaintNamed in settlement

Facilities (1)

• HELM FERTILIZER TERMINAL, INC.

  1421 CHANNEL AVENUE, MEMPHIS, TN, 38113

  Registry ID: 110000569073

Statutes cited

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

Enforcement conclusions (1)

• HELM FERTILIZER TERMINAL, INC.entered 2017-01-10

  Primary law: CAA

  Federal penalty: $72,800

Timeline (4 milestones)

• 2017-01-10Complaint Filed/Proposed Order
• 2017-01-10Final Order Issued
• 2017-01-11Enforcement Action Data Entered
• 2017-01-27Enforcement Action Closed