EPA v. AFH LOGISTICS SERVICES LLC

Case summary

8/22/2023 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $3,000. 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 DOCUMENT THAT EQUIPMENT COMPLIES WITH RAGAGEP, AS REQUIRED BY 40 C.F.R. ? 68.65(D)(2); B. FAILED TO CERTIFY ANNUALLY THAT THE OPERATING PROCEDURES ARE CURRENT AND ACCURATE, AS REQUIRED BY 40 C.F.R. ? 68.69(C); C. FAILED TO FOLLOW RAGAGEP WHEN PERFORMING INSPECTIONS AND TESTS AS REQUIRED BY 40 C.F.R. ? 68.73(D)(2); D. FAILED TO CORRECT DEFICIENCIES IN EQUIPMENT THAT ARE OUTSIDE ACCEPTABLE LIMITS BEFORE FURTHER USE OR IN A SAFE AND TIMELY MANNER WHEN NECESSARY MEANS ARE TAKEN TO ASSURE SAFE OPERATION, AS REQUIRED BY 40 C.F.R. ? 68.73(E); AND E. FAILED TO SUBMIT CORRECTED EMERGENCY CONTACT INFORMATION IN THE MOST RECENT RMP SUBMISSION WITHIN ONE MONTH OF A CHANGE, AS REQUIRED BY 40 C.F.R. ? 68.195(B).

Defendants (1)

• AFH LOGISTICS SERVICES LLCNamed in complaintNamed in settlement

Facilities (1)

• BIRMINGHAM LOGISTICS, LLC

  400 INDUSTRIAL DR., BIRMINGHAM, AL, 35211

  Registry ID: 110000509557

Statutes cited

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

Enforcement conclusions (1)

• AFH LOGISTICS SERVICES LLCentered 2023-08-22

  Primary law: CAA

  Federal penalty: $3,000

Timeline (3 milestones)

• 2023-08-22Final Order Issued
• 2023-08-22Complaint Filed/Proposed Order
• 2023-08-24Enforcement Action Data Entered