EPA v. LANXESS CORPORATION

Case summary

7/13/2023 ? EXPEDITED SETTLEMENT AGREEMENT ISSUED ASSESSING A PENALTY OF $2,700. PENALTY DUE WITHIN 15 DAYS. ALLEGED VIOLATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT?S FACILITY LOCATED AT 2571 FITE RD. OXONE SPOT 26, MEMPHIS, TENNESSEE, ON OCTOBER 27, 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: - IT DOCUMENTED THAT EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES AS REQUIRED BY 40 C.F.R. ? 68.65(D)(2), BECAUSE, AT THE TIME OF THE INSPECTION, SOME PIPES ON THE ROOF HAD MISSING LABELS OR LABELS THAT WERE FADED AND/OR PEELING OFF. PIPES SHOULD BE LABELED IN ACCORDANCE WITH THE CHART IN AMERICAN NATIONAL STANDARDS INSTITUTE/AMERICAN SOCIETY OF MECHANICAL ENGINEERS (ANSI/ASME) A13.1. - IT CERTIFIED ANNUALLY THAT OPERATING PROCEDURES ARE CURRENT AND ACCURATE, AS REQUIRED BY 40 C.F.R. ? 68.69(C), BECAUSE FACILITY REPRESENTATIVES SUPPLIED THE CERTIFICATIONS OF OPERATING PROCEDURES FOR THE CALENDAR YEARS OF 2019, 2021, AND 2022; HOWEVER, THE CERTIFICATION FOR 2020 WAS NOT PRODUCED TO THE EPA INSPECTION TEAM.

Defendants (1)

• LANXESS CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• LANXESS CORPORATION-MEMPHIS

  2571 FITE RD, MEMPHIS, TN, 38127

  Registry ID: 110070049823

Statutes cited

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

Enforcement conclusions (1)

• LANXESS CORPORATIONentered 2023-07-13

  Primary law: CAA

  Federal penalty: $2,700

Timeline (4 milestones)

• 2023-07-13Final Order Issued
• 2023-07-13Complaint Filed/Proposed Order
• 2023-08-04Enforcement Action Closed
• 2023-08-14Enforcement Action Data Entered