RENO – The U.S. Environmental Protection Agency (EPA) announced a settlement with Thatcher Company of Nevada, Inc. to resolve claims of Clean Air Act and Emergency Planning and Community Right-to-Know Act violations at the company's Sparks-based facility. At the time of EPA’s inspection, the facility stored and redistributed chemicals including chlorine and sulfur dioxide, regulated toxic substances.
Based upon information obtained during a November 2021 inspection and subsequent investigation, EPA determined that the facility did not have the required safety information for equipment inside of its chemical storage and repackaging warehouse, such as information to show that its ventilation system complied with industry standards and safety information for its scrubber to mitigate potential hazardous releases. EPA also determined that Thatcher failed to check the safety performance history of its contractors before selection, had inconsistencies between written and actual operating procedures, and needed to implement the recommendations from its analysis of hazards in its chemical processes.
"It's essential that facilities properly handle regulated toxic substances," said EPA Pacific Southwest Regional Administrator Martha Guzman. "EPA will not hesitate to enforce federal laws designed to prevent chemical accidents that endanger public safety."
As part of the settlement, Thatcher will pay a $69,396 penalty. In addition, the facility agreed to complete a supplemental environmental project valued at $110,756 to purchase emergency response equipment for the Sparks Fire Department. Specifically, the company will buy portable shelters and shelter accessories that can be used to respond to emergencies involving hazardous materials.
The facility has returned to compliance with the violations observed during EPA's inspection.
About Clean Air Act Section 112(r):
Section 112(r) of the Clean Air Act requires companies that use regulated flammable and toxic substances to develop and implement a Risk Management Program. An adequately designed Risk Management Program includes the following:
- A hazard assessment that details the potential effects of an accidental release, an accident history of the last five years, and an evaluation of worst-case and alternative accidental release scenarios.
- A prevention program that includes safety precautions and maintenance, monitoring, and employee training measures.
- An emergency response program that spells out emergency health care, employee training measures, and procedures for informing the public and response agencies (e.g., the fire department) should an accident occur.
Supplemental Environmental Projects:
A supplemental environmental project is an environmentally beneficial project or activity that is not required by law, but that a party agrees to undertake as part of the settlement of an enforcement action. Such projects or activities go beyond what could legally be required of the defendant, and secure environmental and/or public health benefits in addition to those achieved by compliance with the law.
For more information on reporting possible violations of environmental laws and regulations, visit EPA's enforcement reporting website.
For more information on industry reporting requirements for the storage, use, and releases of certain chemicals to federal, state, tribal, territorial, and/or local governments, visit EPA’s Emergency Planning and Community Right-to-Know Act webpage.
For more information on Clean Air Act Section 112(r), visit the website of the EPA's Fact Sheet: Clean Air Act Section 112(r): Accidental Release Prevention / Risk Management Plan Rule.
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