EPA v. ALLIED SIGNAL SPECIALTY CHEMICALS (ASTOR CORPORATION)

Case summary

ON MARCH 28, 2002, EPA ISSUED A NOTICE OF DETERMINATION ( NOD ) PURSUANT TO THE FINAL POLICY STATEMENT ON INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLOSURE, CORRECTION, AND PREVENTION OF VIOLATIONS , 65 FED. REG. 19618 (APRIL 11, 2000). THE NOD IS BASED ON SELF- DISCLOSURES PROVIDED BY ALLIED SIGNAL, INC. ( ALLIED ) FOR VIOLATIONS OF SECTION 15(3) OF THE TOXIC SUBSTANCES CONTROL ACT ( TSCA ), 15 U.S.C. SECTION 2614(3) AND ITS IMPLEMENTING REGULATIONS AT 40 C.F.R. 710.28 AND 710.32. THE ALLIED SIGNAL SPECIALTY CHEMICAL - ASTOR CORPORATION - WAX MANUFACTURING ( ASTOR OR FACILITIES ) FACILITIES ARE LOCATED AT 100 HILL STREET, EMLENTON, MCKEAN COUNTY AND THE INTERSECTION OF ROUTES 46 & 446, SMETHPORT, VENANGO COUNTY, PENNSYLVANIA. IN A LETTER TO EPA DATED DECEMBER 23, 1998, AND IN A SUBSEQUENT RESPONSE TO AN EPA QUESTIONNAIRE, ALLIED DISCLOSED THAT THE FACILITIES HAD FAILED TO SUBMIT INVENTORY UPDATE REPORTS ( IUR ) FOR SEVENTEEN (17) CHEMICALS WHICH ALLIED HAS CLAIMED AS TSCA CONFIDENTIAL BUSINESS INFORMATION ( CBI ) FOR THE REPORTING PERIOD WHICH ENDED DECEMBER 1994. ASTOR BECAME A WHOLLY-OWNED SUBSIDIARY OF ALLIED IN 1997. THE TOTAL GRAVITY-BASED CIVIL PENALTY FOR THESE VIOLATIONS WOULD BE $289,000. HOWEVER, ALLIED 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)

• ALLIED SIGNAL SPECIALTY CHEMICAL (ASTOR)Named in complaintNamed in settlement

Facilities (4)

• ALLIED SIGNAL SPECIALTY CHEMICAL (ASTOR WAX)

  INT OF 46 AND 446, SMETHPORT, PA, 16749

  Registry ID: 110000583850

• HONEYWELL /ASTOR CORPORATION

  1001 HILL STREET, EMLENTON, PA, 163730660

  Registry ID: 110000539748

• HONEYWELL /ASTOR CORPORATION

  1001 HILL STREET, EMLENTON, PA, 163730660

  Registry ID: 110000539748

• ALLIED SIGNAL SPECIALTY CHEMICAL (ASTOR WAX)

  INT OF 46 AND 446, SMETHPORT, PA, 16749

  Registry ID: 110000583850

Statutes cited

• TSCA 15-2 — Knowing Commercial Use [15(2)]

Enforcement conclusions (1)

• ALLIED SIGNAL SPECIALTY CHEMICALentered 2002-03-28

  Primary law: TSCA

Timeline (4 milestones)

• 2002-03-21Enforcement Action Data Entered
• 2002-03-28Complaint Filed/Proposed Order
• 2002-03-28Final Order Issued
• 2002-03-28Enforcement Action Closed