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The United States Environmental Protection Agency (“EPA”) and Olin Corp. (“Olin”) entered into a July 24th Consent Agreement (“CA”) addressing alleged violations of Section 112(c) of the Clean Air Act. See Docket No. CAA-04-2019-8017(b).
Olin is stated to operate a facility (“Facility”) which includes a chemical manufacturing process in McIntosh, Alabama.
The Facility is stated to constitute a stationary source as the term is defined by Section 112(r)(2)(C) of the Clean Air Act. Further, the Facility is stated to have registered with EPA for its stationary source. The relevant regulations are codified at 40 C.F.R. Part 68, Chemical Accident Prevention Provisions.
Olin is also stated to have developed an RMProgram Accidental Release Program for the stationary source.
The CA provides that based on an EPA compliance monitoring investigation Olin allegedly violated 40 C.F.R. Part 68 and Section 112(r) of the Clean Air Act when it:
- Failed to maintain accurate piping and instrument diagrams as part of the information pertaining to the equipment as required by 40 C.F.R. § 68.65(d)(1)(ii)
- Failed to document that equipment complies with RAGAGEP as required by 40 C.F.R. § 68.65(d)(2)
- Failed to correct deficiencies in equipment that are outside acceptable limits (defined by process safety information) before further use or in a safe and timely manner when necessary means are taken to ensure safe operations as required by 40 C.F.R. § 68.73(e)
Olin neither admits nor denies the factual allegations in the Findings of Fact.
A civil penalty of $87,014 is assessed.
A copy of the CA can be downloaded here.
