EPA v. VANDERBILT CHEMICALS, LLC

Case summary

9/4/18 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $17,274 RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: BASED ON EPA'S COMPLIANCE MONITORING INVESTIGATION, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CODIFIED RULES GOVERNING THE ACT'S CHEMICAL ACCIDENT PREVENTION PROVISIONS, BECAUSE RESPONDENT DID NOT ADEQUATELY IMPLEMENT PROVISIONS OF 40 CFR PART 68 WHEN IT: FAILED TO INSPECT AND TEST PROCESS EQUIPMENT CONSISTENT WITH APPLICABLE MANUFACTURER'S RECOMMENDATIONS AND GOOD ENGINEERING PRACTICES, AND MORE FREQUENTLY IF DETERMINED TO BE NECESSARY BY PRIOR OPERATING EXPERIENCE AS REQUIRED BY 40 CFR SECTON 68.73(d)(3); FAILED TO CORRECT DEFICIENCIES IN EQUIPMENT THAT ARE OUTSIDE ACCEPTABLE LIMITS (DEFINED BY THE PROCESS SAFETY INFORMATION IN SECTION 68.65) BEFORE FURTHER USE OR INA SAFE AND TIMELY MANNER WHEN NECESSARY MEANS ARE TAKEN TO ASSURE SAFE OPERATION AS REQUIRED BY 409 CFR SECTION 68.73(e); FAILED COMPLETE A SINGLE REGISTRATION FORM THAT INCLUDES THAT MAXIMUM QUANTITY OF EACH REGULATED SUBSTANCE OR MIXTURE IN THE PROCESS (IN POUNDS) TO TWO SIGNIFICANT DIGITS AS REQUIRED BY 40 CFR SECTION 68.160(b)(7); AND FAILED TO SUBMIT A RMPLAN CORRECTION, AS REQUIRED BY 40 CFR SECTION 68.195(b), FOR ITS EMERGENCY CONTACT INfORMATION WITHIN ONE MONTH OF ANY CHANGE TO THE RMPLAN EMERGENCY CONTACT INFORMATION SPECIFIED BY 40 CFR SECTION 68.160(b)(6).

Defendants (1)

• VANDERBILT CHEMICALS, LLCNamed in complaintNamed in settlement

Facilities (2)

• VANDERBILT CHEMICALS LLC

  396 PELLA WAY, MURRAY, KY, 42071

  Registry ID: 110000498701

• VANDERBILT CHEMICALS LLC

  396 PELLA WAY, MURRAY, KY, 42071

  Registry ID: 110000498701

Statutes cited

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

Enforcement conclusions (1)

• VANDERBILT CHEMICALS, LLCentered 2018-09-04

  Primary law: CAA

  Federal penalty: $17,274 · SEP: $64,776

Timeline (4 milestones)

• 2018-09-04Final Order Issued
• 2018-09-04Complaint Filed/Proposed Order
• 2018-09-11Enforcement Action Data Entered
• 2018-09-20Enforcement Action Closed