EPA v. HARCROS CHEMICAL INC

Case summary

5/19/2025 - EXPEDITED SETTLEMENT AGREEMENT ISSUED ASSESSING A PENALTY OF $3,600. PENALTY DUE WITHIN 30 DAYS UPON RECEIPT OF THE EXECUTED ESA. ALLEGED VIOLATIONS: BASED ON A COMPLIANCE MONITORING INSPECTION CONDUCTED AT THE RESPONDENT'S FACILITY LOCATED IN MUSCLE SHOALS, ALABAMA, ON AUGUST 21, 2024, 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 ESTABLISHED A SYSTEM TO PROMPTLY ADDRESS THE TEAM'S FINDINGS AND RECOMMENDATIONS; ASSURED THAT THE RECOMMENDATIONS WERE RESOLVED IN A TIMELY MANNER AND THAT THE RESOLUTION WAS DOCUMENTED; DOCUMENTED WHAT ACTIONS WERE TAKEN; COMPLETED ACTIONS AS SOON AS POSSIBLE; AND DEVELOPED A WRITTEN SCHEDULE OF WHEN THESE ACTIONS WERE TO BE COMPLETED, AS REQUIRED BY 40 C.F.R. 68.67{E), BECAUSE THE 2023 PROCESS HAZARD ANALYSIS DID NOT INCLUDE DUE DATES AS PART OF THE ACTION ITEM TRACKING PAGE; IT CERTIFIED ANNUALLY THAT ITS OPERATING PROCEDURES WERE CURRENT AND ACCURATE, AS REQUIRED BY 40 C.F.R. 68.69(C), BECAUSE THE STANDARD OPERATING PROCEDURES (SOPS) WERE NOT REVIEWED IN 2024 UNTIL THE NOTIFICATION OF INSPECTION EMAIL SENT AUGUST 7, 2024, A YEAR AND SIX MONTHS AFTER THE SOPS WERE PREVIOUSLY REVIEWED AND CERTIFIED; AND IT'S INSPECTIONS AND TESTING PROCEDURES FOLLOWED RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES, AS REQUIRED BY 40 C.F.R. 68.73(D)(2}, BECAUSE THE FACILITY'S OWN PROCEDURE REQUIRES THAT THE CHLORINE SENSORS ARE CALIBRATED EVERY SIX MONTHS AND THE LAST CALIBRATION OF THE CHLORINE SENSORS OCCURRED ON FEBRUARY 15, 2024, MORE THAN SIX MONTHS BEFORE THE RMP INSPECTION TOOK PLACE. PURSUANT TO 42 U.S.C. 7413(D)(L), THE EPA AND THE UNITED STATES DEPARTMENT OF JUSTICE HAVE JOINTLY DETERMINED THAT THIS MATTER, ALTHOUGH IT INVOLVES ALLEGED VIOLATIONS THAT OCCURRED MORE THAN ONE YEAR BEFORE THE INITIATION OF THIS PROCEEDING, IS APPROPRIATE FOR AN ADMINISTRATIVE PENALTY ASSESSMENT.

Defendants (1)

• HARCROS CHEMICAL INCNamed in complaintNamed in settlement

Facilities (1)

• HARCROS CHEMCIALS INC. - MUSCLE SHOALS

  300 PEPI DRIVE, MUSCLE SHOALS, AL, 35662

  Registry ID: 110000367781

Statutes cited

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

Enforcement conclusions (1)

• HARCROS CHEMICAL INCentered 2025-05-19

  Primary law: CAA

  Federal penalty: $3,600

Timeline (4 milestones)

• 2025-05-19Final Order Issued
• 2025-05-19Complaint Filed/Proposed Order
• 2025-06-18Enforcement Action Closed
• 2025-06-26Enforcement Action Data Entered