EPA v. HOLCIM PARTICIPATIONS US INC. D/B/A FIRESTONE BUILDING PRODUCTS

Case summary

7/3/2023 - EXPEDITED SETTLEMENT AGREEMENT ISSUED ASSESSING A PENALTY OF $4,800. PENALTY DUE WITHIN 15 DAYS. ALLEGED VIOLATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT?S FACILITY LOCATED AT 8170 HOLTON DRIVE, FLORENCE, KENTUCKY, ON AUGUST 25, 2022, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED THE ACT?S SECTION 112(R)(7), CHEMICAL ACCIDENT PREVENTION PROVISIONS, 42 U.S.C. ? 7412(R)(7), WHEN AT THE TIME OF INSPECTION, RESPONDENT DID NOT PROVIDE EVIDENCE THAT: 1. IT MAINTAINED OFFSITE CONSEQUENCE ANALYSIS RECORDS FOR THE WORST-CASE SCENARIO AS DOCUMENTATION FOR THE FACILITY?S HAZARD ASSESSMENT DID INCLUDE ADEQUATE INFORMATION AS REQUIRED BY 40 C.F.R. ? 68.39(A); 2. IT MAINTAINED OFFSITE CONSEQUENCE ANALYSIS RECORDS FOR THE ALTERNATIVE RELEASE SCENARIOS AS DOCUMENTATION FOR THE FACILITY?S HAZARD ASSESSMENT DID NOT INCLUDE ADEQUATE INFORMATION AS REQUIRED BY 40 C.F.R. ? 68.39(B); 3. IT DOCUMENTED THAT EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES AS REQUIRED BY 40 C.F.R. ? 68.65(D)(2). 4. THE PROCESS HAZARD ANALYSIS (PHA) WAS PERFORMED BY A TEAM WITH EXPERTISE IN ENGINEERING AND PROCESS OPERATIONS, AND THE TEAM INCLUDED AT LEAST ONE PERSON WHO HAS EXPERIENCE AND KNOWLEDGE SPECIFIC TO THE PENTANE PROCESS, AS REQUIRED BY 40 C.F.R. ? 68.67(D); AND 5. IT IS RESOLVING RECOMMENDATIONS IN A TIMELY MANNER, AS REQUIRED BY 40 C.F.R. ? 68.67(E).

Defendants (1)

• HOLCIM PARTICIPATIONS US INC. D/B/A FIRESTONE BUILNamed in complaintNamed in settlement

Facilities (1)

• FIRESTONE BUILDING PRODUCTS

  8170 HOLTON DRIVE, FLORENCE, KY, 41042-3010

  Registry ID: 110023147085

Statutes cited

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

Enforcement conclusions (1)

• HOLCIM PARTICIPATIONS US INC. D/B/A FIRESTONE BUILDING PRODUCTSentered 2023-07-03

  Primary law: CAA

  Federal penalty: $4,800

Timeline (3 milestones)

• 2023-07-03Final Order Issued
• 2023-07-03Complaint Filed/Proposed Order
• 2023-08-14Enforcement Action Data Entered