EPA Poised to Elevate Clean Air Act 112(r) Enforcement

King & Spalding

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)).

Please see full Alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© King & Spalding | Attorney Advertising

Written by:

King & Spalding

King & Spalding on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.