The United States and ADEQ allege that a pulp/paper manufacturing and chemical manufacturing facilities owned by the same business violated or continues to violate the following statutory and regulatory requirements The Chemical Accident Prevention Provisions for Air Programs promulgated at 40 C.F.R. Part 68, Subpart D, pursuant to Section 112(r) of the CAA, 42 U.S.C. § 7412(r). The Chemical Facility primarily manufactures resins and uses regulated substances in covered processes at threshold quantities, including epichlorohydrin, ammonia (greater than 20% concentration), and formaldehyde. EPA is proposing $600,000 as a civil penalty, together with interest accruing from the date on which the Consent Decree is lodged with the Court, at the rate specified in 28 U.S.C. § 1961 as of the date of lodging. Settling Defendants are jointly and severally liable for this civil penalty. This sum shall be paid in the following amounts:
a. $300,000 to the United States; and
b. $300,000 to the Arkansas Department of Environmental Quality.
EPA is also proposing $1.8 million in SEPs.
NOTE: these figures include a number of other EPA alleged violations and are NOT totally associated with the RMP issues as stated below.
The Chemical Facility operates as a Process Level 3 RMP facility. Its three primary operations are listed in its Risk Management Plan report: formaldehyde manufacturing,
resin manufacturing, and gum and wood chemical manufacturing.