Overview -
In the wake of the United States Environmental Protection Agency’s (EPA) recent $5.6 million settlement with Bayer CropScience under Clean Air Act Section 112(r), companies should expect more from EPA in the chemical accident prevention and risk management space – more in terms of investigations, enforcement, and rules. In this two-part series, we first explore EPA’s enforcement efforts and initiatives under the Clean Air Act Section 112(r) program. A forthcoming companion client alert will address pending Section 112(r) rules and proposed legislation.
Background -
EPA is marshalling enforcement resources to prosecute companies that violate the General Duty Clause (GDC) and Risk Management Program (RMP) under Clean Air Act Sections 112(r)(1) and (7). In fact, there has been a notable increase in the dollar amounts that EPA is seeking to resolve Section 112(r) matters in recent years based on a review of publicly available enforcement data. Since January 2014, over 360 companies have paid more than $14 million in civil penalties and spent almost $20 million in injunctive relief at their facilities (i.e., actions to return their facilities to compliance with Section 112(r)).
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