On December 2, 2013, EPA Region 6 issued a Consent Agreement and Final Order (CAFO) under its authority pursuant to the Clean Air Act to Union Carbide Corporation. The CAFO was issued in response to violations of Section 112(r)(1) of the Clean Air Act. The CAFO requires Union Carbide Corportion to pay an assessed penalty of $35,000 within 30 days of the effective date of the CAFO.
Pursuant to section 112(r)(l) of the CAA, 42 U.S.C. § 7412(r)(1), an owner/operator of a stationary source producing, processing, handling or storing substances listed pursuant to section 112(r)(3) of the CAA, 42 U.S.C. § 7412(r)(3), or any other extremely hazardous substance, has a general duty to: (1) identify hazards which may result from accidental releases of such substances using appropriate hazard assessment techniques; (2) design and maintain a safe facility, taking such steps as are necessary to prevent releases; and (3) minimize the consequences of accidental releases that do occur.