EPA v. PRESSTEK INC

Case summary

ON OCTOBER 30, 2006, A CHEMICAL SPLL OF SULFURIC ACID AND AMMONIUM BIFLUORIE OCCURRED AT PRESSTEK INC'S SOUTH HADLEY MANUFACTURING FACILITY DURING ITS NOW DISCONTINUED ANALOG PLATE MANUFACTURING PROCESS. THIS SPILL CAUSED AN ACCCIDENTAL RELEASE OF 751 POUNDS OF HYDROFLUORIC ACID, AN EXTREMELY DANGEROUS CHEMICAL INTO THE ENVIRONMENT. EPA INTIATED A PENALTY ACTION AGAINST PRESSTEK FOR ITS VIOLATIONS OF THE GENERAL DUTY CLAUSE IN SECTION 112(r) OF CAA.AS WELL AS ITS VIOLATION OF THE NOTIFICATION REQUIREMENT IN SECTION 103(a) OF CERCLA. WITH REGARD TO THE CAA VIOLATION, EPA ALLEGES THAT PRESSTEK FAILED TO IMPLEMENT SUFFICIENT SAFETY CONTROLS, PROPERLY MONITOR THE TRANSFER OF CHEMICALS AMONG STORAGE AND MIXING TANKS, SEGREGATE STORAGE AND MIXING TANKS CONTAINING INCOMPATIBLE CHEMICALS, OR PROVIDE ADEQUATE EXIT PIPING ON ITS PROCESS TANKS. WITH REGARD TO THE CERCLA NOTIFICATION VIOLATION, EPA ASSERTS THAT PRESSTEK FAILED TO IMMEDIATELY NOTIFY THE NATIONAL RESPONSE CENTER ABOUT THE RELEASE.

Defendants (1)

• PRESSTEK INCNamed in complaint

Facilities (1)

• PRESSTEK INC / PRECISION LITHOGRAINING CORP

  755 NEW LUDLOW ROAD, SOUTH HADLEY, MA, 01075

  Registry ID: 110000495946

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• PRESSTEK INCentered 2008-08-14

  Primary law: CAA

  Federal penalty: $31,975 · SEP: $70,000

Timeline (3 milestones)

• 2007-10-17Enforcement Action Data Entered
• 2008-01-17Complaint Filed/Proposed Order
• 2008-08-14Final Order Issued