EPA v. AIRGAS USA, LLC

Case summary

8/26/2024 - CONSENT AGREEMENT FINAL ORDER ISSUED ASSESSING A PENALTY OF $8,025.40. PENALTY DUE WITHIN 30 DAYS UPON RECEIPT OF THE EXECUTED ESA. ALLEGED VIOLATIONS: ON JULY 26, 2022, THE EPA CONDUCTED AN ON-SITE INSPECTION OF THE RMPROGRAM RELATED RECORDS AND EQUIPMENT FOR THE PURPOSE OF ASSESSING THE RESPONDENT?S COMPLIANCE WITH THE RMPROGRAM REQUIREMENTS AND THE IMPLEMENTED RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES (RAGAGEP) FOR ITS COVERED PROCESS AT ITS FACILITY. BASED ON EPA?S COMPLIANCE MONITORING INVESTIG1DXC;? /ATION, 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 ESTABLISH AND IMPLEMENT WRITTEN PROCEDURES TO MANAGE CHANGES (EXCEPT FOR ?REPLACEMENT 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); AND FAILED TO ASSURE THAT CERTAIN CONSIDERATIONS ARE ADDRESSED PRIOR TO ANY CHANGES AS REQUIRED BY 40 C.F.R. ? 68.75(B); AND C. FAILED TO UPDATE ITS EMERGENCY CONTACT INFORMATION WITHIN ONE MONTH OF ITS CHANGE, AS REQUIRED BY 40 C.F.R. ? 68.195(B).

Defendants (1)

• AIRGAS USA, LLCNamed in complaintNamed in settlement

Facilities (1)

• AIRGAS MERCHANT GASES - HOPKINSVILLE CO2 FACILITY

  4891 PEMBROKE RD, HOPKINSVILLE, KY, 422407401

  Registry ID: 110040608875

Statutes cited

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

Enforcement conclusions (1)

• AIRGAS USA, LLCentered 2024-08-26

  Primary law: CAA

  Federal penalty: $8,025 · SEP: $33,518

Timeline (3 milestones)

• 2024-08-26Complaint Filed/Proposed Order
• 2024-08-26Final Order Issued
• 2024-09-05Enforcement Action Data Entered