EPA v. UNION CARBIDE CORPORATION

Case summary

THIS SUPERCAFO IS THE CULMINATION OF EPA INSPECTIONS AT THE INSTITUTE PLANT ON MAY 15-24, AUGUST 13-16, AND NOVEMBER 6-9, 2001. AS A RESULT OF THESE INSPECTIONS, A SHOW CAUSE LETTER WAS ISSUED TO UNION CARBIDE ON JUNE 17, 2003, AND NEGOTIATIONS BETWEEN EPA AND UNION CARBIDE FOLLOWED. AS A RESULT OF THESE NEGOTIATIONS, AGREEMENT WAS REACHED BETWEEN EPA AND UNION CARBIDE WITH RESPECT TO ALLEGED VIOLATIONS OF THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) AND THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA). THE PROPOSED SETTLEMENT CONSISTS OF THE FOLLOWING COMPONENTS: 1. PAYMENT OF CIVIL PENALTY OF 16,600.00 (OF WHICH $5,500 IS ATTRIBUTABLE TO THE RCRA COMPONENT OF THE ACTION AND 11,100 IS ATTRIBUTABLE TO THE EPCRA COMPONENT OF THIS ACTION); AND 2. PERFORMANCE OF A SUPPLEMENTAL ENVIRONMENTAL PROJECT (SEP) CONSISTING OF THE PURCHASING OF TWO (2) THERMAL IMAGING CAMERAS (FIRE WARRIOR MODEL OR EQUIVALENT), TOGETHER WITH MOUNTING KITS FOR THE CAMERAS FOR INSTALLATION ON BEN FRANKLIN 2 PLUS HELMETS AND A STORAGE CASE, WHICH IT SHALL DONATE TO THE INSTITUTE, WEST VIRGINIA VOLUNTEER FIRE DEPARTMENT, LOCATED IN INSTITUTE, WEST VIRGINIA. Original entries related to CCDS questions 15, 16, and 17, and ask that you cross that information out. The reason for this is that we believe that the information that we placed in questions 15, etc. have already been captured by the Inspection Conclusion Data Sheet.

Defendants (1)

• UNION CARBIDE CORPORATIONNamed in complaintNamed in settlement

Facilities (4)

• UNION CARBIDE CORPORATION INSTITUTE WV PLANT OPERATIONS

  437 MACCORKLE AVENUE, INSTITUTE, WV, 25112

  Registry ID: 110000745114

• UNION CARBIDE CORPORATION INSTITUTE WV PLANT OPERATIONS

  437 MACCORKLE AVENUE, INSTITUTE, WV, 25112

  Registry ID: 110000745114

• UNION CARBIDE CORPORATION INSTITUTE WV PLANT OPERATIONS

  437 MACCORKLE AVENUE, INSTITUTE, WV, 25112

  Registry ID: 110000745114

• UNION CARBIDE CORPORATION INSTITUTE WV PLANT OPERATIONS

  437 MACCORKLE AVENUE, INSTITUTE, WV, 25112

  Registry ID: 110000745114

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• RCRA 3008G — Penalty Authority

Enforcement conclusions (1)

• UNION CARBIDE CORPORATIONentered 2005-05-25

  Primary law: RCRA

  Federal penalty: $16,600 · SEP: $19,800

Timeline (4 milestones)

• 2005-05-25Complaint Filed/Proposed Order
• 2005-05-25Final Order Issued
• 2005-05-26Enforcement Action Data Entered
• 2005-06-29Enforcement Action Closed