EPA v. Calumet Penreco LLC (Dickinson Plant)

Case summary

On August 27, 2013, EPA Region 6 issued a Consent Agreement and Final Order (CAFO) under its authority pursuant to the Clean Air Act to Calumet Penreco, LLC. The CAFO was issued in response to violations of Section 112(r)(1) of the Clean Air Act. The CAFO requires Calumet Penreco to pay an assessed penalty of $30,000 within 30 days of the effective date of the CAFO. Pursuant to section 112(r)(1) of the CAA, 42 U.S.C. § 7412(r)(1), an owner/operator of a stationary source producing, processing, handling or storing substances listed pursuant to section 112(r)(3) of the CAA, 42 U.S.C. § 7412(r)(3), or any other extremely hazardous substance, has a general duty to: (1) identify hazards which may result from accidental releases of such substances using appropriate hazard assessment techniques; (2) design and maintain a safe facility, taking such steps as are necessary to prevent releases; and (3) minimize the consequences of accidental releases that do occur.

Defendants (1)

• Calumet Penerco LLCNamed in complaintNamed in settlement

Facilities (1)

• DICKINSON PLANT

  4401 PARK AVE, DICKINSON, TX, 77539

  Registry ID: 110042005503

Statutes cited

• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause

Enforcement conclusions (1)

• Calumet Penreco LLC (Dickinson Plant)entered 2013-08-27

  Primary law: CAA

  Federal penalty: $30,000

Timeline (4 milestones)

• 2013-06-24Enforcement Action Data Entered
• 2013-07-03Complaint Filed/Proposed Order
• 2013-08-27Final Order Issued
• 2013-09-30Enforcement Action Closed