EPA v. Cabot Performance Materials

Case summary

This complaint arises out of two separate, non-permitted releases of chmeicals from Cabot's Boyertown facility. Each chemical - hydrogen floride (hydrofluoric acid) and anhydrous ammonia (ammonia) - is a CERCLA hazardous substance. Each release exceeded it's Reportable Quanity ( RQ ) as follows: 2/7/00 release of 275 lbs of ammonia, RQ = 100 lbs.; 03/25/00 release of 1,239 lbs. of hydrofluoric acid, RQ = 100 lbs. Cabot failed to immediately notify the National Response Center as required by Section 103 of CERCLA, 42 U.S.C. section 9603, and 40 C.F.R. Part 302.6 EPCRA case summary: This complaint arises out of two separate, non-permitted releases of chemicals from Cabot's Boyertown facility. Each chemical - hydrogen fluoride (hydrofluoric acid) and anhydrous ammonia (ammonia) - is both a CERCLA hazardous substance and EPCRA Extremely Hazardous Substance. Each release exceeded it's Reportable Quantity ( RQ ) as follows: 2/7/00 release of 275 lbs. of ammonia, RQ = 100 lbs.; 3/25/00 release of 1,239 lbs. of hydrofluoric acid, RQ = 100 lbs. Cabot failed to immediately notify State Emergency Response Commission ( SERC ), and the Local Emergency Planning Committee ( LEPC ), of the releases, as required by EPCRA Section 304(b), 42 U.S.C. section 11044(b). Cabot also failed to submit follow-up reports to SERC and the LEPC regarding the hydrogen fluoride release, as required EPCRA Section 304(c), 42 U.S.C. section 11004(c) RCRA Case Summary: This complaint arises out a 5/00 EPA multi-media inspection of Cabot's Boyertown Facility. Count I: failure to properly label, contain, and properly cover RCRA hazardous waste (D007); Count II: failure to provide training to the Boyertown Facility's personnel involved in hazardous waste management, and failure to maintain records documenting training. ALL PENALTIES SAOUGHT ARE COMBINED UNDER rcra ($15,840(RCRA), 116,878 (EPCRA), AND 34,376 (CERCLA)

Defendants (1)

• Cabot Performance MaterialsNamed in complaintNamed in settlement

Facilities (2)

• CABOT PERFORMANCE MATERIALS

  COUNTRY LINE RD, BOYERTOWN, PA, 16023

  Registry ID: 110040906464

• CABOT PERFORMANCE MATERIALS

  COUNTRY LINE RD, BOYERTOWN, PA, 16023

  Registry ID: 110040906464

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• EPCRA 304 — Emergency Release Notification Section 313 Program
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

• Cabot Performance Materialsentered 2003-06-27

  Primary law: CERCLA

  Federal penalty: $98,726

Timeline (3 milestones)

• 2002-09-30Complaint Filed/Proposed Order
• 2002-09-30Enforcement Action Data Entered
• 2003-06-27Final Order Issued