The EPA and the DOJ have entered into a Stipulation of Settlement with insecticide manufacturer to address alleged chemical accident prevention violations at its former facility. The company will pay a $3.1 million civil penalty. On November 15, 2014, an incident occurred, and nearly 24,000 pounds of methyl mercaptan (MeSH) were released within the insecticide unit. The release resulted in the deaths of four persons inside the manufacturing building. The four employees died from a combination of asphyxia and acute exposure to MeSH. EPA, OSHA, and the CSB all conducted inspections or investigations after the incident. The insecticide unit was shut down after the incident. The Chemical Safety Board issued Interim Recommendations from its investigation on September 30, 2015. In March of 2016, the business announced that it was closing the facility. The Complaint alleges 22 separate violations of the Clean Air Act’s Risk Management Program. The violations alleged in the Complaint include:
- failure to develop and implement written operating procedure
- failure to adequately implement management of change procedures
- failure to implement safe work practices
- mechanical integrity violations
No injunctive relief was required since the facility is no longer in operation. The Complaint and Stipulation of Settlement were filed on Monday, July 23, 2018, in the United States District Court for the Southern District of Texas. Here are the details of what happened and the RMP violations: