EPA v. FIRST CHEMICAL CORPORATION

Case summary

8/12/2020- EXPEDITED SETTLEMENT AGREEMENT ISSUED ASSESSING A PENALTY OF $4,200. PENALTY DUE WITHIN 15 DAYS. ALLEGED VIOLATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT?S FACILITY LOCATED AT 1001 INDUSTRIAL ROAD, PASCAGOULA, MISSISSIPPI, NOVEMBER 19-20, 2019, EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT?S CHEMICAL ACCIDENT PREVENTION PROGRAM, WHEN AT THE TIME OF INSPECTION, RESPONDENT DID NOT PROVIDE EVIDENCE THAT: IT INCLUDED AN EVALUATION OF CONSEQUENCES OF DEVIATIONS PERTAINING TO THE TECHNOLOGY OF THE PROCESS IN THE PROCESS SAFETY INFORMATION AS REQUIRED BY 40 C.F.R. ? 68.65(c)(1)(V); IT DOCUMENTED THAT EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES AS REQUIRED BY 40 C.F.R. ? 68.65(d)(2); IT REVIEWED THE OPERATING PROCEDURES AS OFTEN AS NECESSARY AND CERTIFIED ANNUALLY THAT THE OPERATING PROCEDURES ARE CURRENT AND ACCURATE AS REQUIRED BY 40 C.F.R. ? 68.69(c); AND IT CORRECTED DEFICIENCIES IN EQUIPMENT THAT ARE OUTSIDE ACCEPTABLE LIMITS (DEFINED BY THE PROCESS SAFETY INFORMATION IN ? 68.65) BEFORE FURTHER USE OR IN A TIMELY MANNER WHEN NECESSARY MEANS ARE TAKEN TO ASSURE SAFE OPERATIONS AS REQUIRED BY 40 C.F.R. ? 68.73(e).

Defendants (1)

• FIRST CHEMICAL CORPORATIONNamed in complaintNamed in settlement

Facilities (4)

• FIRST CHEMICAL CORPORATION

  1001 INDUSTRIAL ROAD, PASCAGOULA, MS, 395813237

  Registry ID: 110014329994

• FIRST CHEMICAL CORPORATION

  1001 INDUSTRIAL ROAD, PASCAGOULA, MS, 395813237

  Registry ID: 110014329994

• FIRST CHEMICAL CORPORATION

  1001 INDUSTRIAL ROAD, PASCAGOULA, MS, 395813237

  Registry ID: 110014329994

• FIRST CHEMICAL CORPORATION

  1001 INDUSTRIAL ROAD, PASCAGOULA, MS, 395813237

  Registry ID: 110014329994

Statutes cited

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

Enforcement conclusions (1)

• FIRST CHEMICAL CORPORATIONentered 2020-08-12

  Primary law: CAA

  Federal penalty: $4,200

Timeline (5 milestones)

• 2020-08-12Complaint Filed/Proposed Order
• 2020-08-12Final Order Issued
• 2020-08-24Enforcement Action Data Entered
• 2020-09-03Air Resolved
• 2020-09-03Enforcement Action Closed