EPA v. ATOGLAS DIVISION, ATOFINA CHEMICALS INC

Case summary

ON SEPTEMBER 27, 2004 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 ATOGLAS DIVISION, ATOFINA CHEMICALS, INC ( ATOFINA ) FOR VIOLATIONS OF SECTION 313 OF THE EMERGENCY PLANNING AND COMMUNIT RIGHT-TO-KNOW ACT AT ITS FACILITY LOCATED AT 100 PA ROUTE 413, BRISTOL, PA 19007. ATOFINA DISCLOSED THAT IT HAD FAILED TO SUBMIT TOXIC RELEASE INVENTORY FORMS ( FORM Rs )FOR METHYL METHACRYLATE, ETHYL ACRYLATE, BUTYL ACRYLATE FOR THE REPORTING YEARS 2000, 2001 AND 2002. THE TOTAL GRAVITY-BASED CIVIL PENALTY FOR THESE VIOLATIONS WOULD BE $148,000. SINCE ATOFINA SATISFIED ALL OF THE CONDITIONS OF EPA'S SELF-DISCLOSURE POLICY AND THE AMOUNT OF ECONOMIC BENEFIT GAINED WAS INSIGNIFICANT, EPA WAIVED THE GRAVITY-BASED CIVIL PENALTY FOR THE DISCLOSED VIOLATIONS.

Defendants (1)

• ATOFINA CHEMICALS, INCNamed in complaintNamed in settlement

Facilities (1)

• TRINSEO POLYMER RELEASE (A/K/A ALTUGLAS, LLC)

  100 PA ROUTE 413, BRISTOL, PA, 19007

  Registry ID: 110000336191

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• ATOFINA CHEMICALS INCentered 2004-09-27

  Primary law: EPCRA

Timeline (3 milestones)

• 2004-08-02Enforcement Action Data Entered
• 2004-09-27Enforcement Action Closed
• 2004-09-27Final Order Issued