WASHINGTON — Today, the U.S. Environmental Protection Agency (EPA) announced a settlement with Univar Solutions USA Inc. (Univar) to resolve alleged violations of industrial accident-prevention requirements at five facilities located in Rhode Island, Pennsylvania and Colorado. Four of the five facilities are in overburdened communities with environmental justice concerns.
The settlement addresses violations of the General Duty Clause (GDC) and Risk Management Program (RMP) under Clean Air Act (CAA) Sections 112(r)(1) and 112(r)(7), which make owners and operators of facilities that have regulated hazardous substances responsible for ensuring that their chemicals are managed safely and that steps are taken to reduce the risk of accidental releases of chemicals, which can have serious consequences for public health and safety. Also resolved are violations of Toxic Release Inventory (TRI) recordkeeping requirements under Emergency Planning and Community Right-to-Know Act (EPCRA) Section 313 at the Colorado facility. TRI reports inform the community about certain chemical usage and releases that may affect public health and the environment. The settlement with Univar is valued at $800,000.
“Environmental requirements like the General Duty Clause are necessary to ensure the safe management of chemicals and to reduce the risk of industrial accidents in communities, especially those that are most vulnerable,” said Larry Starfield, Acting Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “This settlement not only requires Univar to implement safety measures at their facilities, but they will also be providing emergency response equipment to two of the affected communities through a Supplemental Environmental Project that they are undertaking.”
Univar is the largest commodity and specialty chemical and ingredient distributer in the U.S. Headquartered in Downers Grove, Illinois, it has several hundred chemical distribution facilities that blend, mix and repackage bulk chemicals for shipment across America. Univar will pay $600,000 in penalties. In addition, Univar agreed to spend no less than $200,000 to implement a Supplemental Environmental Project that will provide emergency response equipment to enhance the capabilities of two fire departments: the Denver Fire Department in Colorado and the Bunola Fire Department in Pennsylvania.
Between 2016 and 2019, the EPA conducted inspections at five of Univar’s facilities located in Bunola, PA; Denver, CO; Middletown, PA; and two in Providence, RI. Many of the EPA’s allegations for all five facilities related to Univar’s failure to comply with industry standards of care as required by the GDC and RMP regulations for hazardous and/or regulated chemicals such as anhydrous ammonia, aqueous ammonia (conc. 20% or greater), chlorine and formaldehyde.
For over 50 years, industry has published standards, codes, and guidance that outline measures to help prevent and mitigate accidental releases of hazardous chemicals. These standards apply layers of protections to make facilities safer and are routinely updated to keep up with improving technology, newly identified hazards, industry operating experience, and/or incidents indicating more stringent hazard controls are needed. When enforcing the Clean Air Act’s General Duty Clause or chemical accident prevention regulations, the EPA looks to these industry standards of care for how to design and operate a chemical production or distribution facility.
Reducing risks from accidental releases of hazardous substances at industrial and chemical facilities is a top priority for EPA, which identified this goal as one of seven National Compliance Initiatives in 2019.
Read the Consent Agreement and Final Order.
Read more information about the General Duty Clause Requirements of Section 112(r) of the Clean Air Act and Risk Management Program.
Read more information about the Toxics Release Inventory (TRI) Program.
Read more information about EPA’s National Compliance Initiative - Reducing Accidental Releases at Industrial and Chemical Facilities and Enforcement Alert for Chemical Warehouses.
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