EPA v. AKZO NOBEL FUNCTIONAL CHEMICALS LLC

Case summary

ON FEBRUARY 18, 2005, EPA ISSUED A NOTICE OF DETERMINATION ( NOD ) BASED ON SELF-DISCLOSURES PROVIDED BY AKZO NOBEL FUNCTIONAL CHEMICALS, LLC ( ANFC ) FOR VIOLATIONS OF SECTIONS 603 OF THE CLEAN AIR ACCT AT ITS FACILITY ON STATE ROUE 2, GALLIPOLIS FERRY, WEST VIRGINIA. ANFC DISCLOSED THAT THEY HAD FAILED TO CONDUCT FOLLOW-UP VERIFICATION TESTING WITHIN 30 DAYS OF THE CONCLUSION OF LEAK REPAIR OF ITS INDUSTRIAL PROCESS REFRIGERATION EQUIPMENT ON TEN OCASIONS FROM FEBRUARY 2000 THROUGH JANUARY 2004 AND ALSO FAILED TO TIMELY REPAIR TEN REFRIGERANT LEAKS DURING ROUGHTLY THE SAME PERIOD. THE TOTAL GRAVITY-BASED CIVIL PENALTY FOR THESE VIOLATIONS WOULD BE $36,960.00. HOWEVER, ANFC SATISFIED ALL OF THE CONDITIONS OF EPA'S SELF-DISCLOSURE POLICY AND THEREFORE EPA WAIVED THE GRAVITY-BASED CIVIL PENALTY OF THE DISCLOSED VIOLATIONS. EPA HAS ALSO WAIVED THE ECONOMIC BENEFIT PENALTY FOR THE DISCLOSED VIOLATIONS, SINCE THE ECONOMIC BENEFIT TO THE COMPANY WAS INSIGNIFICANT.

Defendants (1)

• AKZO NOBEL FUNCTIONAL CHEMICALS, LLCNamed in settlement

Facilities (2)

• AKZO NOBEL FUNCTIONAL CHEMICALS LLC

  STATE RTE 2, GALLIPOLIS FERRY, WV, 255151721

  Registry ID: 110000607772

• AKZO NOBEL FUNCTIONAL CHEMICALS LLC

  STATE RTE 2, GALLIPOLIS FERRY, WV, 255151721

  Registry ID: 110000607772

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• AKZO NOBEL FUNCTIONAL CHEMICALS LLCentered 2005-02-17

  Primary law: CAA

Timeline (3 milestones)

• 2004-07-21Enforcement Action Data Entered
• 2005-02-17Enforcement Action Closed
• 2005-02-17Final Order Issued