EPA agreement with Univar Solutions USA Inc. improves safety at five chemical distribution facilities

Common Responsibility Clause and Record Keeping Violations Endangered Five Communities, Including Those Concerned About Environmental Justice

WASHINGTON — Today, the US Environmental Protection Agency (EPA) announced an agreement with Univar Solutions USA Inc. (Univar) to resolve alleged violations of industrial accident prevention requirements at five sites located in Rhode Island, Pennsylvania and Colorado. Four out of five properties are in congested neighborhoods with environmental justice issues.

The settlement relates to violations of the General Duty Clause (GDC) and the Risk Management Program (RMP) under sections 112(r)(1) and 112(r)(7) of the Clean Air Act (CAA) that make owners and operators facilities that regulate the use of hazardous substances and are responsible for ensuring the safe handling of their chemicals and taking steps to reduce the risk of accidental releases of chemicals that could have serious consequences for public health and safety. Also fixed violations of Toxic Release Inventory (TRI) requirements under Section 313 of the Emergency Planning Act and Right to Know Act (EPCRA) at the Colorado facility. TRI reports inform the community about the use and release of certain chemicals that may affect public health and the environment. The Univar deal is valued at $800,000.

“Environmental requirements, such as the general responsibilities clause, are necessary to ensure the safe handling of chemicals and reduce the risk of industrial accidents in communities, especially those most vulnerable,” he said. Larry Starfield, Acting Assistant Administrator, U.S. Environmental Protection Agency Enforcement and Compliance Administration. “This settlement requires Univar not only to implement security measures at its facilities, but also to provide emergency response equipment to the two affected communities as part of an additional environmental project they are running.”

Univar is the largest U.S. distributor of commodities and specialty chemicals and ingredients, headquartered in Downers Grove, Illinois, and has several hundred chemical distribution facilities that mix, blend and repackage bulk chemicals for shipping across the Americas. Univar will pay a $600,000 fine. In addition, Univar has agreed to spend at least $200,000 on a Supplemental Environmental Project that will provide emergency response equipment to empower 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 Univar facilities located in Bunol, Pennsylvania; Denver, Colorado; Middletown, Pennsylvania; and two in Providence, Rhode Island. Many of the EPA’s allegations for all five sites relate to Univar’s failure to meet industry standards of care as required by GDC and RMP regulations for hazardous and/or regulated chemicals such as Anhydrous Ammonia, Aqueous Ammonia (20% or above), chlorine and formaldehyde.

For over 50 years, the industry has published standards, codes and guidelines that set out measures to prevent and mitigate accidental releases of hazardous chemicals. These standards apply levels of protection to make facilities safer and are updated regularly to keep up with technology improvements, newly identified hazards, industry operating experience, and/or incidents that indicate the need for more stringent hazard control. When enforcing the General Responsibilities Clause of the Clean Air Act or chemical accident prevention regulations, the EPA is guided by these industry standards of care for how to design and operate a chemical plant or distribution facility.

Reducing risks from accidental releases of hazardous substances from industrial and chemical facilities is a top priority for the EPA, which has identified this goal as one of seven national compliance initiatives in 2019.

Read the Consent Agreement and Final Order.

Read more about the general requirements for section 112(r) of the Clean Air Act and the Risk Management Program.

Read more about the Toxic Release Inventory (TRI) program.

Read more about the U.S. Environmental Protection Agency’s National Compliance Initiative – Reducing Accidental Releases at Industrial and Chemical Facilities and the Chemical Warehouse Enforcement Warning.

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