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07-2021-0068Administrative - FormalClosedFY 2021· Region 07

EPA v. FUTAMURA USA, INC.

Default Order, No Penalty

Case summary

EPA's CAA Section 112(r) inspection discovered that Futamura failed to use the most recent Census data to estimate the population potentially affected by a release of carbon disulfide, the RMP-regulated chemical, from the facility; failed to assure that recommendations from the process hazard analysis were resolved in a timely manner; failed to certify that the facility has evaluated compliance with the Chemical Accident Prevention Provisions and correct deficiencies from compliance audits in a timely manner; and failed to submit a correction to a change in emergency contact information as required by 40 C.F.R. Part 68. The violations were fully addressed in September 2021. The Consent Agreement and Final Order assesses a $0 settlement based on Respondent's demonstrated inability to pay.

Defendants (1)

  • FUTAMURA USA, INC.Named in complaintNamed in settlement

Facilities (2)

  • FUTAMURA USA, INC.

    6000 S.E. 2ND ST., TECUMSEH, KS, 665429609

    Registry ID: 110000445821

  • FUTAMURA USA, INC.

    6000 S.E. 2ND ST., TECUMSEH, KS, 665429609

    Registry ID: 110000445821

Statutes cited

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

Enforcement conclusions (1)

  • FUTAMURA USA, INC.entered 2021-12-09

    Primary law: CAA

Timeline (4 milestones)

  • 2021-12-09Final Order Issued
  • 2021-12-09Complaint Filed/Proposed Order
  • 2021-12-20Enforcement Action Data Entered
  • 2022-08-15Enforcement Action Closed

Case metadata

EPA activity ID
3602928265
Case number
07-2021-0068
Lead agency
EPA
EPA region
07
Voluntary self-disclosure
No
Primary statute
Prevention of Accidental Release/Risk Management Plans (RMPs)

Sourced verbatim from EPA ECHO Enforcement Case Report for case 07-2021-0068 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.