EPA v. Astor Specialty Chemicals Honeywell

Case summary

On March 27, 2003, EPA issued a Notice of Determination ( NOD ) pursuant to the Final Policy Statement on Incentives of 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 Honeywell International Inc. ( Honeywell ), for violations of Section 313 of the Emergency Planning and Community Right-to-Know Act ( EPCRA ) 42 U.S.C. Section 11023, and its implementing regulations at 40 C.F.R. Part 372 at its facility located at the intersection of Routes 46 & 446, Smethport, Pennsylvania. In a letter to EPA dated October 31, 2002, and in a subsequent responses to EPA inquiries Honeywell disclosed that the Facility had failed to submit Toxic Chemical Release Inventory Forms (Forms A and/or Forms R) for mercury compounds, sulfuric acid, n-hexane, polycyclic aromatic coumpounds, hydrochloric acid, and zinc compounds, for reporting years 1999 through 2001, as required by Section 313 of EPCRA, 42 U.S.C. Section 11023. The total gravity-based civil penalty for these violations would be $149,848.00. However, Honeywell satisfied all of 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)

• Astor Specialty Chemicals HoneywellNamed in complaintNamed in settlement

Facilities (2)

• ALLIED SIGNAL SPECIALTY CHEMICAL (ASTOR WAX)

  INT OF 46 AND 446, SMETHPORT, PA, 16749

  Registry ID: 110000583850

• ALLIED SIGNAL SPECIALTY CHEMICAL (ASTOR WAX)

  INT OF 46 AND 446, SMETHPORT, PA, 16749

  Registry ID: 110000583850

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Astor Specialty Chemicalsentered 2003-03-27

  Primary law: EPCRA

Timeline (4 milestones)

• 2002-11-21Enforcement Action Data Entered
• 2003-03-27Enforcement Action Closed
• 2003-03-27Complaint Filed/Proposed Order
• 2003-03-27Final Order Issued