Posted by: Lawyer Sanders | March 23, 2010

Kentucky environmental attorney Sanders says DuPont hit with EPA Administrative Order after deadly air release at Belle WV plant.

DuPont's Belle WV plant where deadly air release occurred in January 2010.

US EPA issued an Administrative Order that requires E.I. DuPont de Nemours and Company to review environmental safety procedures at its industrial plant in Belle, W. Va., where the release of phosgene gas in January 2010 led to the death of a DuPont employee.

The order results from an EPA inspection of the facility following three releases in January 2010, including the release that caused the death. Based on EPA’s inspection and available information about the operation of the facility, EPA has determined that the facility has not satisfied Clean Air Act requirements that are designed to help prevent accidental releases and minimize the consequences of releases that do occur. The alleged violations include:

  1. failure to identify hazards which may result from releases using appropriate hazard assessment techniques;
  2. Failure to design and maintain a safe facility; and
  3. failure to minimize the consequences of accidental releases that do occur.

EPA’s order requires DuPont to, among other things, review all of the facility processes that may pose a threat of accidental releases, provide a report to EPA detailing the review, and implement any modifications to standard operating procedures that are warranted as a result of this review.

The order issued under EPA’s authority pursuant to the Clean Air Act provides that DuPont may request a conference with EPA concerning the alleged violations and requirements of the order. Dupont Belle WV plant where deadly air release occurred in January 2010.

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