EPA v. RICH PRODUCTS CORPORATION

Case summary

2/26/2020 - EXPEDITED SETTLEMENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $6,000 DUE WITHIN 30 DAYS. ALLEGATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT RESPONDENT'S FACILITY, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CAA's SECTION 112(r)(7) CHEMICAL ACCIDENT PREVENTION PROVISIONS, WHEN AT THE TIME OF THE INSPECTION, RESPONDENT DID NOT PROVIDE EVIDENCE THAT: - IT MAINTAINED RECORDS ON THE WORST-CASE SCENARIO PORTION OF THE OFFSITE CONSEQUENCE ANALYSES, INCLUDING ASSUMPTIONS AND PARAMETERS USED, AND THE RATIONALE FOR THE SELECTION OF THE SPECIFIC WORST-CASE SCENARIO, AS REQUIRED BY 40 CFR 68.39(a); - IT MAINTAINED RECORDS ON THE ALTERNATIVE RELEASE SCENARIO PORTION OF THE OFFSITE CONSEQUENCE ANALYSES, INCLUDING ASSUMPTIONS AND PARAMETERS USED, AND THE RATIONALE FOR THE SELECTION OF THE SPECIFIC ALTERNATIVE RELEASE SCENARIO, AS REQUIRED BY 40 CFR 68.9(b); - IT DEMONSTRATED THAT EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES, AS REQUIRED BY 40 CFR 68.65(d)(2), WHEN AMMONIA PIPING AND VALVES LOCATED ON THE ROOF DID NOT HAVE LABELS AND TAGS INDICATING THE CONTENTS OR DIRECTION OF FLOW, PRESSURE RELIEF VALVES WERE NOT REPLACED OR TESTED OR RECERTIFIED EVERY 5 YEAR FROM THE DATE OF INSTALLATION, AND CORROSION WAS OBSERVED IN NUMEROUS AREAS INCLUDING EQUIPMENT IN THE AMMONIA MACHINERY ROOM, PIPING LEADING INTO THE HIGH PRESSURE RECEIVER, PIPING ON AN OIL POT BELOW THE LOW TEMPERATURE ACCUMULATOR, ON THE OIL POT BELOW THE LOW TEMPERATURE RECEIVER, AND ON PIPING IN THE MEZZANINE AREA; - THE OPERATING PROCEDURES WERE REVIEWED AS OFTEN AS NECESSARY AND CERTIFIED ANNUALLY THAT THEY WERE CURRENT AND ACCURATE AS REQUIRED BY 40 CFR 68.69(c), WHEN THE FACILITY DID NOT PRODUCE DOCUMENTATION THAT THEY REVIEWED AND CERTIFIED THEIR OPERATING PROCEDURES PRIOR TO 2018; - IT PERFORMED APPROPRIATE CHECKS AND INSPECTIONS TO ASSURE THAT EQUIPMENT IS INSTALLED PROPERTY AND CONSISTENT WITH DESIGN SPECIFICATIONS AND THE MANUFACTURER'S INSTRUCTIONS AS REQUIRED BY 40 CFR 68.73(f)(2), WHEN DURING THE INSPECTION THE INSPECTOR OBSERVED THE NAME PLATE IN THE INTERCOOLER WAS MISSING; AND - IT CERTIFIED THAT THEY HAVE EVALUATED COMPLIANCE WITH THE PROVISIONS OF THE PREVENTION PROGRAM AT LEAST EVERY 3 YEARS AS REQUIRED BY 40 CFR 68.79(a), WHEN THE DATES BETWEEN THE LAST TWO COMPLIANCE AUDITS WERE MORE THAN 3 YEARS.

Defendants (1)

• RICH PRODUCTS CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• RICH PRODUCTS CORPORATION MORRISTOWN I FACILITY

  5701 COMMERCE BLVD, MORRISTOWN, TN, 37814

  Registry ID: 110070305180

Statutes cited

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

Enforcement conclusions (1)

• RICH PRODUCTS CORPORATIONentered 2020-02-26

  Primary law: CAA

  Federal penalty: $6,000

Timeline (3 milestones)

• 2020-02-26Final Order Issued
• 2020-02-26Complaint Filed/Proposed Order
• 2020-03-26Enforcement Action Data Entered