EPA v. FULLER INDUSTRIES, LLC

Case summary

Fuller Industries, LLC, operates an aerosol can filling operation using isobutane and/or propane as a propellant. As such, Fuller is required to comply with the Risk Management Program regulations at 40 CFR Part 68. EPA inspected the facility on October 23, 2019, and found numerous violations of the risk management program, including failure to review and update the offsite consequence analysis at least once every five years; failure to include all required steps for each operating phase, operating limits, consequences of deviation, safety and health considerations, properties and hazards of chemicals in the process, control measures to be taken if exposure to chemicals occurs, quality control, and special or unique hazards in the written standard operating procedures; failure to establish a mechanical integrity program consistent with applicable manufacturers' recommendations and good engineering practices, and to conduct nondestructive testing of

Defendants (1)

• FULLER INDUSTRIES, LLCNamed in complaintNamed in settlement

Facilities (1)

• FULLER INDUSTRIES

  ONE FULLER WAY, GREAT BEND, KS, 675300729

  Registry ID: 110011247711

Statutes cited

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

Enforcement conclusions (1)

• FULLER INDUSTRIES, LLCentered 2022-01-19

  Primary law: CAA

  Federal penalty: $144,924

Timeline (4 milestones)

• 2022-01-19Complaint Filed/Proposed Order
• 2022-01-19Final Order Issued
• 2022-01-21Enforcement Action Data Entered
• 2022-02-18Enforcement Action Closed