EPA v. AMVAC CHEMICAL CORPORATION

Case summary

9/13/2021 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $ 87,884.00. 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 ANALYZE AND REPORT IN THE RISK MANAGEMENT PLAN ONE WORST-CASE RELEASE SCENARIO THAT IS ESTIMATED TO CREATE THE GREATEST DISTANCE IN ANY DIRECTION TO AN ENDPOINT PROVIDED IN APPENDIX A FOR 40 C.F.R. ? 68 RESULTING FROM AN ACCIDENTAL RELEASE OF REGULATED TOXIC SUBSTANCES FROM COVERED PROCESS UNDER WORST-CASE CONDITIONS DEFINED IN 40 C.F.R. ? 68.22, AS REQUIRED BY 40 C.F.R. ? 68.25(A)(2)(I); B. FAILED TO MAINTAIN RECORDS ON THE WORST-CASE SCENARIO PORTION OF THE OFFSITE CONSEQUENCE ANALYSES, AS REQUIRED BY 40 C.F.R. ? 68.39(A); C. FAILED TO MAINTAIN RECORDS ON THE ALTERNATIVE RELEASE SCENARIO PORTION OF THE OFFSITE CONSEQUENCE ANALYSES, AS REQUIRED BY 40 C.F.R. ? 68.39(B); D. FAILED TO ESTABLISH A SYSTEM TO PROMPTLY ADDRESS THE TEAM?S FINDINGS AND RECOMMENDATIONS; ASSURE THAT THE RECOMMENDATIONS ARE RESOLVED IN A TIMELY MANNER AND THAT THE RESOLUTION IS DOCUMENTED; 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); E. FAILED TO ENSURE THAT THE FREQUENCY OF INSPECTION AND TESTING OF PROCESS EQUIPMENT FOLLOWED GOOD ENGINEERING PRACTICES AS REQUIRED BY 40 C.F.R. ?68.73(D)(3); F. FAILED TO DOCUMENT THAT EACH INSPECTION AND TEST HAS BEEN PERFORMED ON PROCESS EQUIPMENT (BROMINE SENSORS) AS REQUIRED BY 40 C.F.R. ?68.73(D)(4); AND, G. FAILED TO ESTABLISH AND IMPLEMENT WRITTEN PROCEDURES TO MANAGE CHANGES (EXCEPT FOR ?REPLACEMENTS IN KIND?) TO PROCESS CHEMICALS, TECHNOLOGY, EQUIPMENT, AND PROCEDURES; AND CHANGES TO STATIONARY SOURCES THAT AFFECT A COVERED PROCESS, AS REQUIRED BY 40 C.F.R. ?68.75(A).

Defendants (1)

• AMVAC CHEMICAL CORPORATIONNamed in complaintNamed in settlement

Facilities (2)

• AMVAC CHEMICAL CORPORATION, AXIS PLANT

  12650 HWY. 43 NORTH, AXIS, AL, 36505

  Registry ID: 110015634866

• AMVAC CHEMICAL CORPORATION, AXIS PLANT

  12650 HWY. 43 NORTH, AXIS, AL, 36505

  Registry ID: 110015634866

Statutes cited

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

Enforcement conclusions (1)

• AMVAC CHEMICAL CORPORATIONentered 2021-09-13

  Primary law: CAA

  Federal penalty: $87,884

Timeline (4 milestones)

• 2021-09-13Complaint Filed/Proposed Order
• 2021-09-13Final Order Issued
• 2021-09-13Enforcement Action Data Entered
• 2021-09-24Enforcement Action Closed