EPA v. Oxy Vinyls, LP

Case summary

The Respondent, a manufacturing company that handles organic solvents and other hazardous substances, released vinyl chloride into the atmosphere through the building's ventilation system on May 30, 2023. The Respondent did not immediately report the release to the National Response Center (NRC), the Local Emergency Planning Committee (LEPC), or the State Emergency Response Commission (SERC) as required by law. Calls to the NRC, LEPC, and SERC were not made until over 7 hours after the release was detected. On June 8, 2023, the Respondent submitted written follow-up reports to the SERC, LEPC, and EPA , stating that 53.8 pounds of vinyl chloride were released, which is much higher than the reportable quantity of 1 pound. EPA determined a violation occurred when the written follow-up was submitted.

Defendants (1)

• Oxy Vinyls LPNamed in complaintNamed in settlement

Facilities (1)

• OXY VINYLS, LP

  U.S. ROUTE 130 & PORCUPINE ROAD, PEDRICKTOWN, NJ, 08067

  Registry ID: 110070212279

Statutes cited

• EPCRA 304 — Emergency Release Notification Section 313 Program
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

• Oxy Vinyls, LPentered 2024-09-30

  Primary law: CERCLA

  Federal penalty: $113,182

Timeline (4 milestones)

• 2024-09-30Final Order Issued
• 2024-09-30Complaint Filed/Proposed Order
• 2024-09-30Enforcement Action Closed
• 2024-10-01Enforcement Action Data Entered