EPA v. GENPAK LLC

Case summary

4/20/20 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY $71,845. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: EPA ALLEGES THAT THE RESPONDENT VIOLATED 40 C.F.R. PART 68, THE CODIFIED RULES GOVERNING THE ACT'S CHEMICAL PREVENTION PROVISIONS AND SECTION 112(r) OF THE ACT, 42 U.S.C. SECTION 7412(r), WHEN IT: A. FAILED TO ASSURE THAT THE PHA RECOMMENDATIONS WERE RESOLVED IN A TIMELY MANNER AND TO COMPLETE ACTIONS AS SOON AS POSSIBLE AS REQUIRED BY 40 C.F.R. SECTION 68.67(e); B. FAILED TO REVIEW AS OFTEN AS NECESSARY AND CERTIFY ANNUALLY THE OPERATING PROCEDURES TO ASSURE THAT THE OPERATING PROCEDURES ARE CURRENT AND ACCURATE AS REQUIRED BY 40 C.F.R. SECTION 68.69(c); C. FAILED TO PERFORM REQUIRED INSPECTIONS AND TESTING PROCEDURES TO FOLLOW RAGAGEP AS REQUIRED BY 40 C.F.R. SECTION 68.73(d)(2); D. FAILED TO TRAIN EMPLOYEES INVOLVED IN OPERATING A PROCESS AND MAINTENANCE AND CONTRACT EMPLOYEES WHOSE JOB TASKS WILL BE AFFECTED BY A CHANGE IN THE PROCESS IN THE CHANGE PRIOR TO START-UP OF THE PROCESS OR AFFECTED PART OF THE PROCESS AS REQUIRED BY 40 C.F.R. SECTION 68.75(c); AND E. FAILED TO PROMPTLY DETERMINE AND DOCUMENT AN APPROPRIATE RESPONSE TO EACH OF THE FINDINGS OF THE COMPLIANCE AUDIT AND DOCUMENT THAT DEFICIENCIES HAVE BEEN CORRECTED AS REQUIRED BY 40 C.F.R. SECTION 68.79(d).

Defendants (1)

• GENPAK LLCNamed in complaintNamed in settlement

Facilities (2)

• GENPAK LLC - HOPE HULL

  7621 BILL JOSEPH PARKWAY, HOPE HULL, AL, 36043-4304

  Registry ID: 110013335408

• GENPAK LLC - HOPE HULL

  7621 BILL JOSEPH PARKWAY, HOPE HULL, AL, 36043-4304

  Registry ID: 110013335408

Statutes cited

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

Enforcement conclusions (1)

• GENPAK LLCentered 2020-04-20

  Primary law: CAA

  Federal penalty: $71,845

Timeline (4 milestones)

• 2020-04-20Complaint Filed/Proposed Order
• 2020-04-20Final Order Issued
• 2020-04-22Enforcement Action Data Entered
• 2020-05-07Enforcement Action Closed