EPA v. MERCK SHARP & DOHME CORPORATION

Case summary

THE REGIONAL JUDICIAL OFFICER FOR REGION III SIGNED A CONSENT AGREEMENT AND FINAL ORDER ( SUPERCAFO ), WHICH RESOLVED ALLEGED VIOLATIONS OF SECTIONS 304 AND 312 OF THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT ( EPCRA ), 42 U.S.C. SECTION 11004, 11022, AGAINST MERCK SHARP & DOHME CORPORATION ( MERCK ), IN CONNECTION WITH ITS FACILITY LOCATED AT 2778 SOUTH EAST SIDE HIGHWAY IN ELKTON, VIRGINIA ( FACILITY ). THE VIOLATIONS OF SECTION 304 OF ECPRA WERE ASSERTED AS A RESULT OF MERCK'S FAILURE TO PROVIDE TIMELY FOLLOW-UP REPORTS TO THE STATE EMERGENCY RESPONSE COMMISSION ( SERC ) AND THE LOCAL EMERGENCY PLANNING COMMITTEE ( LEPC ) FOLLOWING A JULY 12, 2009 RELEASE OF APPROXIMATELY 400 POUNDS OF AMMONIA FROM THE FACILITY. THE VIOLATIONS OF SECTION 312 OF EPCRA WERE ASSERTED AS A RESULT OF MERCK'S FAILURE TO INCLUDE CERTAIN CHEMICALS ON ITS CALENDAR YEAR 2007-2009 EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORMS, WHICH ARE SUBMITTED TO THE SERC, LEPC, AND LOCAL FIRE DEPARTMENT. DURING SETTLEMENT NEGOTIATIONS, MERCK ALSO VOLUNTARILY DISCLOSED AN ADDITIONAL VIOLATION OF SECTION 312 OF EPCRA FOR ITS FAILURE TO INCLUDE CERTAIN CHEMICALS ON THE CALENDAR YEAR 2010 EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM THAT IT SUBMITTED TO THE SERC, LEPC, AND LOCAL FIRE DEPARTMENT. TO SETTLE THIS MATTER, INCLUDING ITS SELF-DISCLOSED VIOLATIONS, MERCK HAS AGREED TO PAY A PENALTY AND TO IMPLEMENT A SUPPLEMENTAL ENVIRONMENTAL PROJECT ( SEP ). THE SEP INVOLVES THE PURCHASE OF TWO SPECIAL SERVICE PASSENGER VEHICLES ( SSPVS ), OUTFITTED WITH EMERGENCY RESPONSE EQUIPMENT, TURNOUT GEAR, AND SELF-CONTAINED BREATHING APPARATUS ( SCBA ), WHICH RESPONDENT WILL DONATE TO THE ELKTON VOLUNTEER FIRE COMPANY AND THE MCGAHEYSVILLE VOLUNTEER FIRE COMPANY, RESPECTIVELY.

Defendants (1)

• MERCK SHARP & DOHME CORPORATIONNamed in complaintNamed in settlement

Facilities (2)

• MERCK SHARP & DOHME CORP - ELKTON FACILITY

  2778 SOUTH EASTSIDE HIGHWAY, ELKTON, VA, 22827

  Registry ID: 110000341381

• MERCK SHARP & DOHME CORP - ELKTON FACILITY

  2778 SOUTH EASTSIDE HIGHWAY, ELKTON, VA, 22827

  Registry ID: 110000341381

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 304 — Emergency Release Notification Section 313 Program

Enforcement conclusions (1)

• MERCK SHARP & DOHME CORPORATIONentered 2012-09-18

  Primary law: EPCRA

  Federal penalty: $12,374 · SEP: $56,900

Timeline (3 milestones)

• 2012-09-18Complaint Filed/Proposed Order
• 2012-09-18Final Order Issued
• 2012-09-20Enforcement Action Data Entered