EPA prevents chemical accident Consent Agreement and Final Order issued to protect Dudley, MA
BOSTON (Oct. 25, 2024) – Today, the U.S. Environmental Agency (EPA) announced a settlement of its administrative penalty and compliance case against Shield Packaging Company in Dudley, Mass. for alleged violations of the chemical accident prevention and preparedness provisions of Clean Air Act.
The company, an aerosol products manufacturing operation, was issued an EPA compliance order in November of 2023 to correct alleged violations of the Clean Air Act's Risk Management Program and General Duty Clause, which were identified after EPA's August 2021 inspection. The company has been complying with the compliance order, and under the recent settlement, will pay a penalty of $219,500.
"Workers and those living near businesses have a right to be free of worry about chemical accidents. Facilities storing and handling extremely hazardous substances must remain compliant with the laws and requirements to keep workers and neighbors safe," said EPA New England Regional Administrator David W. Cash. "EPA will continue to enforce regulations that protect communities and prevent harmful accidents."
Background
On August 4, 2021, representatives from EPA Region 1 conducted an announced inspection at the facility to assess compliance with the requirements of Clean Air Act (CAA) Section 112(r), including the Risk Management Regulations (RMP) and other federal environmental laws and regulations.
Shield Packaging Co. provided various information and documents to EPA both during and after the inspection. EPA issued an administrative notice of violation and compliance order to the company in November of 2023 for many, but not all, of the following violations that EPA subsequently included in the penalty:
CAA 112(r) Risk Management Regulations and Process Hazard Analysis Violation (40 C.F.R. § 68.67): Shield Packaging Co. violated CAA Section 112(r) RMP requirements by failing to timely update its Process Hazard Analysis (PHA) for the facility's processes that involve flammable chemical propellants. PHAs are important to help a facility analyze potential causes and effects of a chemical release and help prevent them. RMP regulations require PHAs to be updated at least every five years.
CAA 112(r) RMP Compliance Audit Violation (40 C.F.R. § 68.79): Shield Packaging Company violated CAA Section 112(r) RMP requirements by failing to timely audit the company's compliance with the RMP requirements. The company is required to evaluate its compliance with these requirements at least every three years and produce an audit report to verify that procedures and practices developed under RMP regulations are adequate and are being followed at the Facility. The report must also respond to the identified deficiencies at the Facility and document that they have been corrected.
CAA 112(r) RMP Mechanical Integrity Procedures Violation (40 C.F.R. § 68.73): Shield Packaging Company violated CAA Section 112(r) RMP requirements by failing to establish mechanical integrity procedures for its tanks that store chemical propellants. The company is required to establish and implement written procedures to maintain the ongoing integrity of its process equipment. The company's 2018 Compliance Audit Checklist revealed that the Facility had no written plan to maintain the mechanical integrity of its process equipment.
CAA Section 112(r) RMP Training Procedures Violation (40 C.F.R. § 68.71): Shield Packaging Company violated CAA Section 112(r) RMP requirements by failing to train the employees involved in certain operating processes and document the training.
CAA Section 112(r) RMP Emergency Planning and Response Action Plan Violation (40 C.F.R. §§ 68.90 and 68.95): Shield Packaging Company violated CAA Section 112(r) RMP requirements by failing to establish an adequate emergency planning and response action program which is important for a facility to have in case of an accidental release of any flammable gases.
CAA Section 112(r) RMP Operating Procedures Violation (40 C.F.R. § 68.69): Shield Packaging Company violated CAA Section 112(r) RMP requirements by failing to annually recertify its written operating procedures. The operating procedures also lacked essential precautions to prevent exposure to chemicals, such as a requirement to use personal protective equipment or including gas detection.
A copy of the Final Consent Agreement and Final order is available upon request.