EPA and DuPont Reach Major Settlement
After Fatal Chemical Explosion in Tonawanda, N.Y.
Contact: Elias Rodriguez, (212-637-3664), rodriguez.elias@epa.gov
(New York, N.Y. – October 1, 2015) The U.S. Environmental
Protection Agency announced that E.I. du Pont de Nemours & Co. (DuPont) has
agreed to pay a fine of $724,000 in settlement of Clean Air Act violations
relating to a fire and explosion at its chemical plant in Tonawanda, N.Y.
In the settlement, DuPont will spend $112,000 to purchase
vapor and radiation detection equipment for the local fire department and to
pay for training. Since the fire and explosion that occurred on November 9,
2010, DuPont has made approximately $6.8 million in chemical safety-related
improvements at the facility.
“EPA’s investigation of DuPont highlights the importance
of preventing, preparing for and responding quickly to chemical releases and
other incidents,” said Judith A. Enck, EPA’s Regional Administrator.
“It is imperative that DuPont and other businesses make
protecting human health and the environment their top priority. The chemical
explosion that happened at DuPont in Tonawanda must never happen again.”
The General Duty Clause of the Clean Air Act requires
companies to design and maintain safe facilities; and take all necessary
measures to prevent air releases of regulated materials and extremely hazardous
substances. Facilities must also minimize the consequences of accidental
releases. The law also recognizes that owners and operators have primary
responsibility in the prevention of chemical incidents.
According to the U.S. Chemical Safety Board, on November
9, 2010, the ignition of flammable vinyl fluoride that had seeped inside a
10,000 gallon process tank at the DuPont facility resulted in an explosion that
killed one worker and badly burned another. The U.S. Chemical Safety Board
concluded that hazards had been overlooked by DuPont, which EPA’s investigation
confirmed. Vinyl fluoride is used to make plastic products. Exposure to the
substance can cause health risks, including potentially cancer.
The EPA identified several areas of the facility’s
operations that had been in violation of the Clean Air Act, all of which were
addressed by DuPont prior to the settlement. DuPont installed equipment and
developed more stringent safety procedures to reduce the risk of a similar
explosion; worked with the EPA, corrected its identified deficiencies; and has
completed a number of chemical safety-related improvements at the facility,
among other improvements.
The DuPont facility has:
• Upgraded
its process to analyze potential vinyl fluoride hazards
• Taken
actions to reduce the risks relating to vinyl fluoride vapors
• Changed
the configuration of the equipment to reduce the chance of dangerous gas
build-up
• Installed
new controls and additional protective equipment
• Improved
vinyl fluoride monitoring
• Improved
processes and operating procedures at all of its facilities to avoid a similar
vinyl fluoride incident
To view the Chemical Safety Board video and report on the
DuPont explosion, visit: