EPA v. GREGORY PHARMACEUTICAL HOLDINGS, INC. dba UPM PHARMACEUTICALS, INC. (fka KING PHARMACEUTICALS)

Case summary

9/13/19 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $81,000, DUE WITHIN 30 DAYS. ALLEGATIONS: PURSUANT TO 40 CFR 63.1258, UPM IS REQUIRED TO ESTABLISH AND MAINTAIN OPERATING PARAMETER LEVELS FOR HAP EMISSION CONTROL DEVICES. IN A MAY 2014 STACK TEST, PARAMETERS WERE ESTABLISHED FOR THE REGENERATIVE THERMAL OXIDIZER (RTO), PURSUANT TO 40 CFR 63.1258(b)(1)((vii), AND THE SCRUBBER, PUSUANT TO 40 CFR 63.1258(b)(1)(ii). THE MINIMUM TEMPERATURE OF 1,682 DEGREES FAHRENHEIT FOR THE RTO DEMONSTRATED COMPLIANCE WITHTHE 98% HAP REMOVAL REQUIREMENT IN 40 CFR 63.1254(a)(3). THE MINIMUM FLOWRATE OF 254.6 GALLONS PER MINUTE AND MINIMUM pH OF 9.4 FOR THE SCRUBBER DEMONSTRATED COMPLIANCE WITH THE 95% HYDROGEN HALIDE AND HALOGEN REMOVAL REQUIREMENT IN 40 CFR 63.1252(g)(1). A. IN THE PERIODIC REPORTS BETWEEN SEPT 18, 2014 AND DEC 20, 2016, UPM REPORTED 96 DAYS IN WHICH THESE PARAMETERS WERE EXCEEDED (43 DAYS FOR THE MINIMUM TEMPERATURE, 2 DAYS FOR THE MINIMUM pH, AND 51 DAYS FOR THE MINIMUM SCRUBBER FLOWRATE). B. UPM THEREFORE FAILED TO MAINTAIN OPERATING PARAMETER LEVELS ON ITS HAP EMISSION CONTROL DEVICES, AS REQUIRED BY 40 CFRR 63.1258. PURSUANT TO 40 CFR 63.1258(b)(2)(iii), MONITORING VALUES TAKEN DURING PERIODS IN WHICH THE CONTROL DEVICES ARE NOT FUNCTIONING IN CONTROLLING EMISSIONS, AS INDICATED BY PERIODS OF NO FLOW, SHALL NOT BE CONSIDERED IN THE AVERAGES. A. UPM HAS USED MONITORING VALUES TAKEN DURING PERIODS OF NO FLOW, WHEN THE CONTROL DEVICES WERE NOT FUNCTIONING TO CONTROL EMISSIONS, IN CALCULATING ITS DAILY AVERAGE TO DEMONSTRATE COMPLIANCE. B. UPM THEREFORE HAS FAILED TO COMPLY WITH 40 CFR 63.1258(b)(2)(iii).

Defendants (1)

• UPM PHARMACEUTICALS, INC.Named in complaintNamed in settlement

Facilities (1)

• GREGORY PHARMACEUTICAL HOLDINGS, INC. DBA UPM PHARMACEUTICALS

  501 FIFTH ST, BRISTOL, TN, 37620

  Registry ID: 110000372150

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• GREGORY PHARMACEUTICAL HOLDINGS, INC. dba UPM PHARMACEUTICALS, INC. (fka KING PHARMACEUTICALS)entered 2019-09-13

  Primary law: CAA

  Federal penalty: $81,000

Timeline (5 milestones)

• 2019-09-13Complaint Filed/Proposed Order
• 2019-09-13Final Order Issued
• 2019-09-19Enforcement Action Data Entered
• 2019-10-22Air Resolved
• 2019-10-22Enforcement Action Closed