EPA v. ISP CHEMICALS LLC

Case summary

2/2/2021 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $26,872.00. PENALTY DUE WITHIN 30 DAYS. ALLEGED VIOLATIONS: 20. BASED ON EPA'S COMPLIANCE MONITORING INVESTIGATION, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED 40 C.F.R. PART 68, THE CODIFIED RULES GOVERNING THE ACT'S CHEMICAL ACCIDENT PREVENTION PROVISIONS AND SECTION 112(R) OF THE ACT, 42 U.S.C. ? 7412(R), WHEN IT: A. FAILED TO COMPILE WRITTEN PSI FOR THE TECHNOLOGY OF THE PROCESS WHICH INCLUDED SAFE UPPER AND LOWER LIMITS FOR SUCH ITEMS AS TEMPERATURES, PRESSURES, FLOWS OR COMPOSITIONS AS REQUIRED BY 40 C.F.R. ? 68.65(C)(1)(IV); B. FAILED TO COMPILE WRITTEN PSI FOR THE EQUIPMENT IN THE PROCESS WHICH INCLUDED A P&ID AS REQUIRED BY 40 C.F.R. ? 68.65(D)(1)(II); C. FAILED TO COMPILE WRITTEN PSI FOR THE EQUIPMENT IN THE PROCESS WHICH INCLUDED RELIEF SYSTEM DESIGN AND DESIGN BASIS AS REQUIRED BY 40 C.F.R. ? 68.65(D)(1)(IV); D. FAILED TO DOCUMENT THAT EQUIPMENT COMPLIES WITH RAGAGEP AS REQUIRED BY 40 C.F.R. ? 68.65(D)(2); AND E. FAILED TO ESTABLISH A SYSTEM TO PROMPTLY ADDRESS THE TEAM'S FINDINGS AND RECOMMENDATIONS; ASSURE THAT THE RECOMMENDATIONS WERE RESOLVED IN A TIMELY MANNER, AND THAT THE RESOLUTION WAS DOCUMENTED; DOCUMENT WHAT ACTIONS WERE TO BE TAKEN; AND COMPLETE ACTIONS AS SOON AS POSSIBLE; DEVELOP A WRITTEN SCHEDULE OF WHEN THESE ACTIONS WERE TO BE COMPLETED; AND COMMUNICATE THE ACTIONS TO OPERATING, MAINTENANCE AND OTHER EMPLOYEES WHOSE WORK ASSIGNMENTS WERE IN THE PROCESS AND WHO MAY HAVE BEEN AFFECTED BY THE RECOMMENDATIONS OR ACTIONS AS REQUIRED BY 40 C.F.R. ? 68.67(E).

Defendants (1)

• ISP CHEMICALS LLCNamed in complaintNamed in settlement

Facilities (1)

• ISP CHEMICALS LLC

  455 N MAIN ST, CALVERT CITY, KY, 42029

  Registry ID: 110000741608

Statutes cited

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

Enforcement conclusions (1)

• ISP CHEMICALS LLCentered 2021-02-02

  Primary law: CAA

  Federal penalty: $26,872

Timeline (3 milestones)

• 2021-02-02Complaint Filed/Proposed Order
• 2021-02-02Final Order Issued
• 2021-02-04Enforcement Action Data Entered