EPA v. ASHLAND, INC

Case summary

On September 22, 2004, EPA Region III issued an administrative complaint to Ashland Inc., (Respondent), seeking a total penalty of $56,720.00 for violations of Section 103(a) of CERCLA, 42 U.S.C. �� 9603(a) and Sections 304(b) and 304(c) of EPCRA, 42 U.S.C. ���� 11004(b) and 11004(c). Respondent failed to notify the SERC, and the LEPC immediately following a release of approximately three hundred and thirty four (334) pounds of mixed xylene from its facility in Neal, West Virginia, on January 20, 2003. In addition, Respondent failed to submit a written follow-up report to the SERC and did not submit a written follow-up report to the LEPC until approximately 16 days after the release, thereby violating the requirement in Section 304(c) of EPCRA, 42 U.S.C. �� 11004(c), that follow-up reports be submitted as soon as practicable. Respondent���s failure to report the January 20, 2003 release of mixed xylene immediately to the SERC, and the LEPC, and its failure to submit a follow-up report to the SERC and the LEPC as soon as practicable, undermined the reporting systems under CERCLA and EPCRA, which are designed to enable federal, state, and local authorities to respond to chemical releases from facilities in their communities.

Defendants (1)

• ASHLAND, INCNamed in complaintNamed in settlement

Facilities (1)

• ASHLAND SPECIALTY CHEMICAL COMPANY

  BIG SANDY RIVER ROAD, NEAL, WV, 25330

  Registry ID: 110018936071

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 304 — Emergency Release Notification Section 313 Program

Enforcement conclusions (1)

• ASHLAND, INCentered 2005-03-30

  Primary law: EPCRA

  Federal penalty: $39,000

Timeline (3 milestones)

• 2004-06-21Enforcement Action Data Entered
• 2004-09-22Complaint Filed/Proposed Order
• 2005-03-30Final Order Issued