EPA v. HARCROS CHEMICALS, INC., THORNTON, IL (NATIONAL CASE)

Case summary

THIS MATTER INVOLVES POTENTIAL VIOLATIONS OF THE CAA'S GENERAL DUTY CLAUSE (GDC) AND RISK MANAGEMENT PROGRAM (RMP) REQUIREMENTS AT 29 HARCROS CHEMICALS, INC., FACILITIES LOCATED IN 19 STATES COVING 6 EPA REGIONS. TO RESOLVE THIS MATTER, EPA IS SEEKING INJUNCTIVE RELIEF THAT WILL BRING ALL HARCROS FACILITIES INTO COMPLIANCE WITH GDC AND RMP REQUIREMENTS, ALONG WITH PAYMENT OF A PENALTY. THIS MATTER FALLS WITHIN EPA'S 2017-2019 NATIONAL ENFORCEMENT INITIATIVE: REDUCING RISKS OF ACCIDENTAL RELEASES AT INDUSTRIAL AND CHEMICAL FACILITIES. UNDER THIS INITIATIVE, EPA FOCUSES ON REDUCING THE RISKS OF ACCIDENTS AND IMPROVING RESPONSE CAPABILITIES THRU SECTION 112(r) OF THE CAA. THE HARCROS FACILITIES MANUFACTUR, STORE, REPACKAGE AND/OR DISTRIBUTE CHEMICALS, AND THIS ACTION FITS WITHIN THE AMBIT OF THE NATIONAL INITIATIVE. TWO OF THE 29 HARCROS FACILITIES MANUFACTURE CHEMICALS, AND THE REMAINING HARCROS FACILITIES STORE, REPACKAGE, AND DISTRIBUTE CHEMICALS, NCLUDING CHLORINE, SULFUR DIOXIDE AND AMMONIA. Multi-regional referral to DOJ. Region 7 is the lead region. Region 5's portion of penalty is $97,000. The Region 5 Harcros facility in St. Paul, MN is designated to be audited as part of the compliance requirements of the CD.

Defendants (1)

• HarcrosNamed in complaintNamed in settlement

Facilities (2)

• HARCROS CHEMICALS, INC.

  17031 CANAL ST., THORNTON, IL, 60476

  Registry ID: 110067043559

• HARCROS CHEMICALS, INC.

  584 N. FAIRVIEW AVE., SAINT PAUL, MN, 55104

  Registry ID: 110000424078

Statutes cited

• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause
• CAA 112R — General Duty/Accidental Release
• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• HARCROS CHEMICALS, INC., THORNTON, IL - (NATIONAL CASE)entered 2017-10-30

  Primary law: CAA

  Federal penalty: $33,915

Timeline (5 milestones)

• 2016-09-20Referred To Dept Of Justice
• 2017-07-31Complaint Filed With Court
• 2017-07-31Final Order Lodged
• 2017-10-30Final Order Entered
• 2018-01-11Enforcement Action Data Entered