EPA v. ARMSTRONG WORLD INDUSTRIES, INC.

Case summary

NOTICE OF DETERMINATION - 100% PENALTY MITIGATION GRAVITY BASED. EPCRA 313 VIOLATIONS - FAILURE TO FILE FORM RS FOR CALENDAR YEARS 1995, 1996, 1997 AND 1998 REGARDING ONE TOXIC CHEMICAL (METHANOL) MANUFACTURED AND ONE TOX CHEMICAL PROCESSED ABOVE 25,000 POUNDS AT ITS FACILITY IN LANCASTER, PA. EPA ISSUED A SECOND PARTIAL NOTICE OF DETERMINATION (PARTIAL NOD II) TO ARMSTRONG WORLD INDUSTRIES, INC., (ARMSTRONG) RESOLVING POTENTIAL VIOLATIONS OF SECTIONS 311 AND 312 OF THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT, (EPCRA), 42 U.S.C. SECTION 11021 AND 11022. THE VIOLATIONS OCCURRED AT ARMSTRONG'S INLAID VINYL OPERATIONS, LOCATED AT 401 W. LIBERTY STREE IN LANCASTER, PENNSYLVANIA.THE VIOLATIONS WHICH ARE ADDRESSED IN THE PARTIAL NOD II WERE VOLUNTARILY DISCLOSED BY ARMSTRONG, PURSUANT TO EPA'S INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLOSURE, CORRECTION, AND PREVENTION OF VIOLATIONS, 65 FED. REG. 19618 (APRIL 11, 2000)(SELF-DISCLOSURE POLICY), BY LETTER DATED, OCTOBER 16, 2000. IN ADDITION, ON DECEMBER 11, 2000, AND MAY 23, 2001, ARMSTRONG PROVIDED EPA WITH ADDITIONAL INFORMATION REGARDING ITS OPERATION AND THE REPORTED VIOLATIONS. AFTER REVIEWING THE SUPPORTING INFORMATION REGARDING ITS OPERATIONS AND THE REPORTED VIOLATIONS. AFTER REVIEWING THE SUPPORTING INFORMATION PROVIDED BY ARMSTRONG, EPA DETERMINED THAT ALL CRITERIA OF THE SELF-DISCLOSURE POLICY HAD BEEN MET AND THAT ARMSTRONG QUALIFIED FOR A 100% REDUCTION OF THE $115,885 PENALTY WHICH COULD HAVE OTHERWISE BEEN ASSESSED FOR THE VIOLATION. THE VIOLATIONS, WHICH WERE CORRECTED ON OCTOBER 20 AND 26, 2000, DID NOT CAUSE SERIOUS ACTUAL HARM TO HUMAN HEALTH OR THE ENVIRONMENT AND DID NOT RESULT IN A SIGNIFICANT ECONOMIC BENEFIT TO ARMSTRONG.

Defendants (1)

• ARMSTRONG WORLD INDUSTRIES, INC.Named in complaintNamed in settlement

Facilities (8)

• ARMSTRONG WORLD INDUSTRIES INCORPORATED

  2500 COLUMBIA AVENUE, LANCASTER, PA, 176043209

  Registry ID: 110000772370

• ARMSTRONG WORLD INDUSTRIES INCORPORATED

  2500 COLUMBIA AVENUE, LANCASTER, PA, 176043209

  Registry ID: 110000772370

• ARMSTRONG WORLD INDUSTRIES INCORPORATED

  2500 COLUMBIA AVENUE, LANCASTER, PA, 176043209

  Registry ID: 110000772370

• ARMSTRONG WORLD INDUSTRIES INCORPORATED

  2500 COLUMBIA AVENUE, LANCASTER, PA, 176043209

  Registry ID: 110000772370

• ARMSTRONG WORLD INDUSTRIES INCORPORATED

  2500 COLUMBIA AVENUE, LANCASTER, PA, 176043209

  Registry ID: 110000772370

• ARMSTRONG WORLD INDUSTRIES INCORPORATED

  2500 COLUMBIA AVENUE, LANCASTER, PA, 176043209

  Registry ID: 110000772370

• ARMSTRONG WORLD INDUSTRIES INCORPORATED

  2500 COLUMBIA AVENUE, LANCASTER, PA, 176043209

  Registry ID: 110000772370

• ARMSTRONG WORLD INDUSTRIES INCORPORATED

  2500 COLUMBIA AVENUE, LANCASTER, PA, 176043209

  Registry ID: 110000772370

Statutes cited

• EPCRA 311 — Material Safety Data Sheets (MSDS)
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (2)

• ARMSTRONG WORLD INDUSTRIESentered 2001-05-31

  Primary law: EPCRA

• ARMSTRONG WORLD INDUSTRIESentered 2001-09-04

  Primary law: EPCRA

Timeline (4 milestones)

• 2001-02-09Enforcement Action Data Entered
• 2001-05-31Complaint Filed/Proposed Order
• 2001-09-04Final Order Issued
• 2001-09-04Enforcement Action Closed