EPA v. ARKEMA INC

Case summary

5/24/2021 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $17,915.00. PENALTY DUE WITHIN 30 DAYS. ALLEGED VIOLATIONS: 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 PROCESS SAFETY INFORMATION DOCUMENTATION FOR THE EQUIPMENT IN THE PROCESS WHICH INCLUDES P&ID'S AS REQUIRED BY 40 C.F.R. ? 68.65(D)(1)(II); AND B. FAILED TO ESTABLISH A SYSTEM TO PROMPTLY ADDRESS THE TEAM'S FINDINGS AND RECOMMENDATIONS (OF THE PHA); ASSURE THAT THE RECOMMENDATIONS ARE RESOLVED IN A TIMELY MANNER AND THAT THE RESOLUTION IS DOCUMENTED; DOCUMENT WHAT ACTIONS ARE TO BE TAKEN; COMPLETE ACTIONS AS SOON AS POSSIBLE; DEVELOP A WRITTEN SCHEDULE OF WHEN THESE ACTIONS ARE TO BE COMPLETED; AND COMMUNICATE THE ACTIONS TO OPERATING, MAINTENANCE AND OTHER EMPLOYEES WHOSE WORK ASSIGNMENTS ARE IN THE PROCESS AND WHO MAY BE AFFECTED BY THE RECOMMENDATIONS OR ACTIONS, AS REQUIRED BY 40 C.F.R. ? 68.67(E).

Defendants (1)

• ARKEMA INCNamed in complaintNamed in settlement

Facilities (4)

• ARKEMA INC

  4444 INDUSTRIAL PKWY, CALVERT CITY, KY, 42029

  Registry ID: 110000380061

• ARKEMA INC

  4444 INDUSTRIAL PKWY, CALVERT CITY, KY, 42029

  Registry ID: 110000380061

• ARKEMA INC

  4444 INDUSTRIAL PKWY, CALVERT CITY, KY, 42029

  Registry ID: 110000380061

• ARKEMA INC

  4444 INDUSTRIAL PKWY, CALVERT CITY, KY, 42029

  Registry ID: 110000380061

Statutes cited

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

Enforcement conclusions (1)

• ARKEMA INCentered 2021-05-24

  Primary law: CAA

  Federal penalty: $17,915

Timeline (4 milestones)

• 2021-05-24Complaint Filed/Proposed Order
• 2021-05-24Final Order Issued
• 2021-06-07Enforcement Action Closed
• 2021-06-23Enforcement Action Data Entered