THIS CASE IS FILED UNDER THE CAA GENERAL DUTY CLAUSE FOR A TOXIC RELEASE THAT OCCURRED AT MFG CHEMICAL DURING ITS INITIAL PRODUCTION OF A NEW CHEMICAL. IN THE FIRST HOUR OF PRODUCTION, THE TEMPERATURE OF THE REACTION INCREASED DRAMATICALLY. THIS LED TO A RUNAWAY REACTION. OVER 4,000 POUNDS OF TOXIC ALLYL ALCOHOL WAS RELEASED INTO THE COMMUNITY AS A RESULT OF THE TOXIC RELEASE. IN ITS INVESTIGATION, EPA DISCOVERED THAT MFG VIOLATED THE GENERAL DUTY CLAUSE BY FAILING TO CONDUCT A HAZARDS ANALYSIS, FAILING TO DESIGN A SAFE FACILITY, AND FAILING TO MINIMIZE THE CONSEQUENCES OF THE RELEASE.
THE ONLY DEFENDANT IS MFG CHEMICAL. MFG IS NO LONGER PRODUCING THE CHEMICAL. THEREFORE, EPA IS NOT SEEKING INJUNCTIVE RELIEF.
On April 12, 2004, during MFGÂs initial production run of a new chemical process, a runaway reaction occurred when allyl alcohol was mixed too quickly with other chemicals. This lead to an extreme rise in temperature in a reactor and caused an explosion that released toxic gases to the atmosphere. As a result, the surrounding community within a half mile radius of the MFG plant was evacuated. Over 150 people (including several emergency responders) were treated for exposure at the local hospital. One-half mile of vegetation south of the MFG plant was burned and much of the aquatic life was killed throughout several miles of surrounding creeks which were contaminated by the water sprayed on the toxic vapor cloud in an attempt to control the vapor release.