EPA v. SONY CHEMICALS CORPORATION OF AMERICA

Case summary

ON APRIL 25, 2005, EPA ISSUED A NOTICE OF DETERMINATION ( NOD ) PURSUANT 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 SONY CHEMICALS CORPORATION OF AMERICA ( SONY ), FOR VIOLATIONS OF SECTION 313 OF THE EMERGENCY PLANNING AND COMMUNICATION 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 1001 TECHNOLOGY DRIVE, MT. PLEANSANT, PENNSYLVANIA. IN A LETTER TO EPA DATED JULY 14 2004, AND IN A SUBSEQUENT RESPONSES TO EPA INQUIRIES SONY DISCLOSED THAT THE FACILITY HAD FAILED TO SUBMIT TOXIC CHEMICAL RELEASE INVENTORY FORMS (FORMS A AND/OR FORMS R) FOR GLUCOL ETHERS FROM REPORTING YEAR 2002, AS REQUIRED BY SECTION 313 OF EPCRA, 42 U.S.C. SECTION 11023. THE TOTAL GRAVITY-BASED CIVIL PENALTY FOR THESE VIOLATIONS WOULD BE $18,700. HOWEVER, SONY 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)

• SONY CHEMICALS CORPORATION OF AMERICANamed in settlement

Facilities (6)

• SONY CHEMICALS CORPORATION OF AMERICA

  1001 TECHNOLOGY DRIVE, MOUNT PLEASANT, PA, 156661766

  Registry ID: 110060279899

• SONY CHEMICALS CORPORATION OF AMERICA

  1001 TECHNOLOGY DRIVE, MOUNT PLEASANT, PA, 156661766

  Registry ID: 110060279899

• SONY CHEMICALS CORPORATION OF AMERICA

  1001 TECHNOLOGY DRIVE, MOUNT PLEASANT, PA, 156661766

  Registry ID: 110060279899

• SONY CHEMICALS CORPORATION OF AMERICA

  1001 TECHNOLOGY DRIVE, MOUNT PLEASANT, PA, 156661766

  Registry ID: 110060279899

• SONY CHEMICALS CORPORATION OF AMERICA

  1001 TECHNOLOGY DRIVE, MOUNT PLEASANT, PA, 156661766

  Registry ID: 110060279899

• SONY CHEMICALS CORPORATION OF AMERICA

  1001 TECHNOLOGY DRIVE, MOUNT PLEASANT, PA, 156661766

  Registry ID: 110060279899

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• SONY CHEMICALS CORPORATION OF AMERICAentered 2005-04-25

  Primary law: EPCRA

Timeline (3 milestones)

• 2004-07-21Enforcement Action Data Entered
• 2005-04-25Enforcement Action Closed
• 2005-04-25Final Order Issued