EPA v. Dodge Company (National Case)

Case summary

EPA reached a $400,000 settlement in a CAA 112(r) and EPCRA 312 case against The Dodge Company. At the time of the violations, Dodge operated a facility in Cambridge, MA, where it blended, packaged and sold embalming chemicals and other funerary products. Dodge used formaldehyde, isopropanol, methanol and other chemicals at this facility. Dodge had no tank design information, improperly maintained formaldehyde tanks and tank supports, lack of overfill controls on tanks, compromised secondary containment, lack of emergency lighting, and broken overflow detectors. A Process Hazard Analysis (PHA) conducted after EPA's inspection revealed the potential for fire and/or explosion. The inspectors found that Dodge had filed a Risk Management Plan (RMP) pursuant to CAA 112(r) but was not compliant with most of the underlying RMP obligations. After issuing a Notice of Violation and Administrative Order in 2010, Region 1 learned that Dodge also needed RMPs for its product warehouses in Fort Worth, TX, Batavia, IL and Fontana, CA. Dodge filed RMPs and EPCRA Tier II forms for all facilities and decided to stop operations at the Cambridge facility. The facility in Batavia, IL (Region 5) was cited for failure to submit an RMP for formaldehyde storage with a penalty of $38,500 as well as failure to timely submit Tier II Hazardous Chemical Inventory Forms with a penalty of $14,030 - bringing the Region 5 penalty to a total of $52,530.

Defendants (4)

• The Dodge Company (Fort Worth, TX)Named in complaintNamed in settlement
• The Dodge Company (Fontana, CA)Named in complaintNamed in settlement
• The Dodge Company (Cambridge, MA)Named in complaintNamed in settlement
• The Dodge Company (Batavia, IL)Named in complaintNamed in settlement

Facilities (1)

• THE DODGE COMPANY

  1550 BEACH STREET, BATAVIA, IL, 60510

  Registry ID: 110043378920

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• Dodge Company (National Case)entered 2013-09-24

  Primary law: CAA

  Federal penalty: $52,530

Timeline (5 milestones)

• 2013-09-24Complaint Filed/Proposed Order
• 2013-09-24Final Order Issued
• 2013-10-24Enforcement Action Data Entered
• 2013-11-07Enforcement Action Closed
• 2013-11-07Pipeline Closed