EPA v. DYNO NOBEL, INC.

Case summary

1/23/18 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $2700. RESPONDENT SHALL MAKE PAYMENT WITHIN FIFTEEN DAYS. BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY ON APRIL 6, 2017, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT'S CHEMICAL ACCIDENT PREVENTION PROGRAM, WHEN AT THE TIME OF INSPECTION, RESPONDENT DID NOT PROVIDE EVIDENCE THAT: IT DOCUMENTED RISK MANAGEMENT PROGRAM IMPLEMENTATION RESPONSIBILITIES TO PERSONS OTHER THE QUALIFIED PERSON OR POSITION AND THE LINES OF AUTHORITY DEFINED THROUGH AN ORGANIZATION CHART OR SIMILAR DOCUMENT AS REQUIRED BY 40 CFR SECTION 68.15(e); IT COMPILED WRITTEN PROCESS SAFETY INFORMATION FOR THE EQUIPMENT IN THE PROCESS WHICH INCLUDES A VENTILATION SYSTEM DESIGN AS REQURIED BY 40 CFR SECTION 68.65(d)(1)(v); IT CERTIFIED THAT IT HAS EVALUATED COMPLIANCE WITH THE PROVISIONS OF SUBPART D- PROGRAM 3 PREVENTION PROGRAM AT LEAST EVERY THREE YEARS TO VERIFY THAT PROCEDURES AND PRACTICES DEVELOPED UNDER THIS SUBPART ARE ADEQUATE AND ARE BEING FOLLOWED AS REQUIRED BY 40 CFR SECTION 68.79(a); AND IT PROMPTLY DETERMINED AND DOCUMENTED AN APPROPRIATE RESPONSE TO EACH OF THE FINDINGS OF THE COMPLIANCE AUDIT, AND DOCUMENTED THAT THE DEFICIENCIES HAVE BEEN CORRECTED AS REQUIRED BY 40 CFR SECTION 68.79(d).

Defendants (1)

• DYNO NOBEL, INC.Named in complaintNamed in settlement

Facilities (4)

• DYNO NOBEL INC.

  KY-175, GRAHAM, KY, 42344

  Registry ID: 110042083250

• DYNO NOBEL INC.

  KY-175, GRAHAM, KY, 42344

  Registry ID: 110042083250

• DYNO NOBEL INC.

  KY-175, GRAHAM, KY, 42344

  Registry ID: 110042083250

• DYNO NOBEL INC.

  KY-175, GRAHAM, KY, 42344

  Registry ID: 110042083250

Statutes cited

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

Enforcement conclusions (1)

• DYNO NOBEL, INC.entered 2018-01-23

  Primary law: CAA

  Federal penalty: $2,700

Timeline (4 milestones)

• 2018-01-23Final Order Issued
• 2018-01-23Complaint Filed/Proposed Order
• 2018-02-01Enforcement Action Closed
• 2018-02-02Enforcement Action Data Entered