EPA v. Cytec Industries - PINEY RIVER, WV

Case summary

On November 25, 2002, EPA issued a Notice of Determination ( NOD ) pusuant to the Final Policy Statement on Incentives for Self-Policing: Discovery, Disclosure, Correction, and Prevention of iolations , 65 Fed. Reg. 19618 (April 11, 2000). The NOD is based on self-disclosures provided by Cytect Industries, Inc ( Cytec ), for violations of Sections 311 and 312 of the Emergency Planning and Community Right-to-Know Act ( EPCRA ) 42 U.S.C. section 11021, 11022, and its implementing regulations at 40 C.F.R. Parts 370 and 372. The Cytec facility is located at 2820 Patrick Henry Highway (Rt. 151), Virginia (the Facility ). In a letter to EPA dated December 19, 2000, and in a subsequent responses to EPA inquiries Pine Grove disclosed that the Facility had failed to sumibt Material Safety Data Sheets and Tier II Reports to the LEPC, SERC, and the local fire department for calcium hydroxide (hydrated lime) which had been stored at the Facility in quantities greater than 10,000 pounds for the reporting years 1996 through 1999. The total gravity-based civil penalty for these violations would be $93,500.00. However, Pine Grove satisfied all the conditions of EPA's Self-Disclosure Policy and the amount of economic benefit gained is insignificant, EPA waived the gravity-based civil penalty for the disclosed violations.

Defendants (1)

• PINEY RIVER RECOVERY U S TITANIUMNamed in complaintNamed in settlement

Facilities (1)

• PINEY RIVER RECOVERY CORP U S TITANIUM

  2820 PATRICK HENRY HIGHWAY (RT 151), PINEY RIVER, VA, 22964

  Registry ID: 110009315829

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 311 — Material Safety Data Sheets (MSDS)

Enforcement conclusions (1)

• Cytec Industries, Piney River, WVentered 2002-11-27

  Primary law: EPCRA

Timeline (4 milestones)

• 2001-02-16Enforcement Action Data Entered
• 2002-11-27Final Order Issued
• 2002-11-27Enforcement Action Closed
• 2002-11-27Complaint Filed/Proposed Order