Respondent is the owner and/or operator of facilities that use a proprietary fluorination technology to treat plastic containers and other articles. At all times relevant to this action, Respondent processed, handled and stored hydrogen fluoride (HF) at its facilities. HF is a regulated substance pursuant to 40 C.F.R. § 68.3 with a threshold of 1,000 pounds. From 2010 – December 2011 EPA inspected four (4) facilities, of which respondent failed to develop and implement a risk management program or submit an RMP for its Mt. Pleasant, Iowa; Kansas City, Missouri; St. Louis, Missouri; and Centerville, Iowa, facilities, as required by Section 112(r)(7) ofthe CAA, 40 C.F.R. §§ 68.12 and 68.150(a).
Aluminum oxide is a “hazardous chemical” within the meaning of 40 C.F.R. § 370.66 because, pursuant to 29 C.F.R. § 1910.1200(c), it is a chemical that is classified as a physical or health hazard. As such, Respondent is required to prepare or have available an MSDS for aluminum oxide under OSHA at its facility. The threshold level for aluminum oxide is 10,000 pounds.
Respondent failed to submit a completed emergency and hazardous chemical inventory form for aluminum oxide to the SERC, the LEPC, or the local fire department with jurisdiction over Respondent’s Kansas City, Missouri; Mt. Pleasant, Iowa; and St. Louis, Missouri, facilities by the March 1 deadline each year for reporting years 2009 and 2010. Respondent failed to submit a completed emergency and hazardous chemical inventory form for aluminum oxide to the SERC, the LEPC, or the local fire department with jurisdiction over Respondent’s Centerville, Iowa (Lee Container) and West Chicago, Illinois, facilities by the March 1 deadline each year for reporting years 2009 and 2010. Each of Respondent’s failures to timely submit a completed emergency and hazardous chemical inventory form for aluminum oxide is a violation of Section 312(a) of EPCRA, 42 U.S.C. § 11022(a), and 40 C.F.R. § 370.40(a).
CAA-SECTION 112(r)(7)
PENALTY CALCULATION SUMMARY
Kansas City, Missouri
Count I – Failure to file RMP per 40 C.F.R. § 68.150; Minor/Major; $25,000
Count II Failure to implement the requirements of 40 C.F.R. § 68.67 (Process Hazard Analysis); Moderate/Moderate; $10,000
Count III Failure to implement the requirements of 40 C.F.R. § 68.79 (Compliance Audits); Moderate/Major; $27,500
Count IV Failure to implement the requirements of 40 C.F.R. § 68.75 (Management of Change); Moderate/Major; $25,000
Count V Failure to implement the requirements of 40 C.F.R. § 68.83 (Employee Participation); Minor/Major; $20,000
Count VI Failure to implement the requirements of 40 C.F.R. § 68.85 (Hot Work permit); Moderate/Major; $25,000
Subtotal $132,500
All counts Economic Benefit $2,831
Facility Total $135,331
Mt. Pleasant, Iowa
Count I Failure to file RMP per 40 C.F.R. § 68.150; Minor/Major; $20,000
Economic Benefit $141
Facility Total $20,141
St. Louis, Missouri
Count I Failure to file RMP per 40 C.F.R. § 68.150; Minor/Major; $20,000
Economic Benefit $141
Facility Total $20,141
Centerville, Iowa
Count I Failure to file RMP per 40 C.F.R. §68.150; Minor/Major; $20,000
Economic Benefit $161
Facility Total $20,161
Size of Violator: $20,000
TOTAL CAA PENALTY: $247,274
EPCRA 312 TIER II REPORTING
PENALTY CALCULATION SUMMARY
Kansas City
VIOLATION: Failure to submit annually to the SERC, LEPC, and the fire department with jurisdiction over the facility an emergency and hazardous chemical inventory form which includes information on all hazardous chemicals present at the facility during the previous calendar year in amounts that meet or exceed thresholds. Failed to report the storage of greater than 10,000 pounds of aluminum oxide for calendar years 2009 and 2010 to any of the three points of compliance.
EXTENT: LEVEL 1 -Description: Respondent fails to include chemical on inventory report to the SERC, LEPC, or Fire Department
GRAVITY: LEVEL C-Description: 1-5 hazardous chemicals, which were required to be included in the report, were not included in the report.
GRAVITY BASED PENALTY:
TOTAL $54,630
2010-$17,710 X 3 = $53,130
2009 – $1 ,500
Mt. Pleasant, Iowa
VIOLATION: Failure to submit annually to the SERC, LEPC, and the fire department with jurisdiction over the facility an emergency and hazardous chemical inventory form which includes information on all hazardous chemicals present at the facility during the previous calendar year in amounts that meet or exceed thresholds. Failed to report the storage of greater than 10,000 pounds of aluminum oxide for calendar years 2009 and 2010 to any of the three points of compliance.
EXTENT: LEVEL 1 -Description: Respondent fails to include chemical on inventory report to the SERC, LEPC, or Fire Department
GRAVITY: LEVEL C-Description: 1-5 hazardous chemicals, which were required to be included in the report, were not included in the report.
GRAVITY BASED PENALTY:
TOTAL $54,630
2010-$17,710 X 3 = $53,130
2009 – $1 ,500 TOTAL $54,630
St. Louis, Missouri
VIOLATION: Failure to submit annually to the SERC, LEPC, and the fire department with jurisdiction over the facility an emergency and hazardous chemical inventory form which includes information on all hazardous chemicals present at the facility during the previous calendar year in amounts that meet or exceed thresholds. Failed to report the storage of greater than 10,000 pounds of aluminum oxide for calendar years 2009 and 2010 to any of the three points of compliance.
EXTENT: LEVEL 1 – Description: Respondent fails to include chemical on inventory report to the SERC, LEPC, or Fire Department
GRAVITY: LEVEL C-Description: 1-5 hazardous chemicals, which were required to be included in the report, were not included in the report.
GRAVITY BASED PENALTY:
2010-$17,710 X 3 = $53,130
2009 – $1,500 TOTAL $54,630
Centerville, Iowa
VIOLATION: Failure to submit annually to the SERC, LEPC, and the fire department with jurisdiction over the facility an emergency and hazardous chemical inventory form which includes information on all hazardous chemicals present at the facility during the previous calendar year in amounts that meet or exceed thresholds. Failed to report the storage of greater than 10,000 pounds of aluminum oxide for calendar years 2009 and 2010 to any of the three points of compliance.
EXTENT: LEVEL 1 – Description: Respondent fails to include chemical on inventory report to the SERC, LEPC, or Fire Department
GRAVITY: LEVEL C-Description: 1-5 hazardous chemicals, which were required to be included in the report, were not included in the report.
GRAVITY BASED PENALTY:
2010-$17,710 X 3 = $53,130
2009 – $1,500
TOTAL $54,630
West Chicago, Illinois
VIOLATION: Failure to submit annually to the SERC, LEPC, and the fire department with jurisdiction over the facility an emergency and hazardous chemical inventory form which includes information on all hazardous chemicals present at the facility during the previous calendar year in amounts that meet or exceed thresholds. Failed to report the storage of greater than 10,000 pounds of aluminum oxide for calendar years 2009 and 2010 to any of the three points of compliance.
EXTENT: LEVEL 1 – Description: Respondent fails to include chemical on inventory report to the SERC, LEPC, or Fire Department
GRAVITY: LEVEL C-Description: 1-5 hazardous chemicals, which were required to be included in the report, were not included in the report.
GRAVITY BASED PENALTY:
2010-$17,710 X 3 = $53,130
2009 – $1,500
TOTAL $54,630
TOTAL EPCRA PENALTY: $273,150
CLICK HERE for the notice