EPA v. Invitrogen Corporation

Case summary

On May 29,. 2003, EPA issued a Notice of Determination ( NOD ) purusant 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 Invitrogen Corporation ( Invitrogen ), for violations of Sections 312, and 313 of the Emergency Planning and Community Right-to-Know Act ( EPCRA ) 42 U.S.C. section 11022, 11023, and its implementing regulations at 40 C.F.R. Parts 370 and 372. The Invitrogen facility is located at 7305 Executive Way Frederick, MD 21704 ( Facility ). In a letter to EPA dated July 16, 2002, and in subsequent responses to EPA inquiries, Invitrogen disclosed that the Facility had failed to timely submit Material Safety Data Sheets and/or Tier II Reports to the Local Emergency Planning Committee (LEPC) and the State Emergency Response Commission (SERC), and the local fire department for acetonitrile which had been stored at the Facility in quantities greater than 10,000 pounds for reporting year 2001. In addition, Invitrogen also disclosed that it had failed to submit Toxic Chemical Release Inventory Forms (Form R) for acetonitrile for reporting year 1998 and for acetronitrile and dischloromethane for the reporting years 1999 and 2000, as required by Section 313 of EPCRA, 42 U.S.C. section 11023. The total gravity-based civil penalty for these violations would be $74,526. However, Invitrogen satisfied all of the conditions of EPA's Self-Disclosure Policy and the amount of economic benefit gained is insignificant; therefore, EPA waived the gravity-based civil penalty for the disclosured violations.

Defendants (1)

• Invitrogen CorporationNamed in complaintNamed in settlement

Facilities (1)

• INVITROGEN CORPORATION

  7305 EXECUTIVE WAY, FREDERICK, MD, 21704

  Registry ID: 110013700110

Statutes cited

• EPCRA 311 — Material Safety Data Sheets (MSDS)
• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 302 — Substances and Facilities Covered and Notification

Enforcement conclusions (1)

• Invitrogen Corporationentered 2003-05-29

  Primary law: EPCRA

Timeline (4 milestones)

• 2002-07-23Enforcement Action Data Entered
• 2003-05-29Enforcement Action Closed
• 2003-05-29Complaint Filed/Proposed Order
• 2003-05-29Final Order Issued