EPA v. Rubicon, LLC

Case summary

On August 26,2014, EPA Region 6 issued a Consent Agreement and Final Order (CAFO) under its authority pursuant to the Clean Air Act to Rubicon, LLC. The CAFO was issued in response to violations of Section 112(r)(1) of the Clean Air Act. The CAFO requires Rubicon LLC to pay an assessed penalty of $33,000 within 30 days of the effective date of the CAFO. Pursuant to section 112(r)(l) 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)

• Rubicon, LLCNamed in complaintNamed in settlement

Facilities (2)

• RUBICON LLC - GEISMAR FACILITY

  9156 HWY 75, GEISMAR, LA, 70734

  Registry ID: 110000597373

• RUBICON LLC - GEISMAR FACILITY

  9156 HWY 75, GEISMAR, LA, 70734

  Registry ID: 110000597373

Statutes cited

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

Enforcement conclusions (1)

• Rubicon, LLCentered 2014-08-26

  Primary law: CAA

  Federal penalty: $33,000

Timeline (4 milestones)

• 2014-08-26Final Order Issued
• 2014-08-26Complaint Filed/Proposed Order
• 2014-09-22Enforcement Action Data Entered
• 2014-09-22Enforcement Action Closed