EPA v. E.I. DUPONT DE NEMOURS & CO (CAA/CERCLA/EPCRA)

Case summary

The U.S. Environmental Protection Agency (EPA) and the Department of Justice announced today a settlement with E.I. du Pont de Nemours and Company (DuPont) at its Belle, W. Va. facility for eight alleged releases of harmful levels of hazardous substances between May 2006 and January 2010. Several of the releases posed significant risk to people or the Kanawha River. One DuPont worker died after exposure to phosgene, a toxic gas released due to DuPont?s failure to comply with industry accident prevention procedures. DuPont will pay a $1.275 million penalty and will take corrective actions to prevent future releases to resolve the alleged violations of the general duty clause and risk management provisions of the Clean Air Act, and the emergency response provisions of Section 103 of the Comprehensive Environmental Response, Compensation and Liability Act, and Section 304 of the Emergency Planning and Community Right-to-Know Act. Producing toxic and hazardous substances can be dangerous, and requires complying with environmental and safety laws,? said Cynthia Giles, assistant administrator for EPA?s Office of Enforcement and Compliance Assurance. ?Today's settlement with DuPont will ensure that the proper practices are in place to protect communities and nearby water bodies. ?Failing to follow laws meant to prevent accidents can have fatal consequences ? as was tragically the case here,? said Sam Hirsch, Acting Assistant Attorney General for the Justice Department?s Environment and Natural Resources Division. ?Today?s settlement holds DuPont accountable for its failure to prevent hazardous releases and requires improvements to its risk management operations and emergency response systems that could prevent future tragedies and damage to the environment.? The consent decree, lodged in the U.S. District Court for the Southern District of West Virginia, is subject to a 30-day public comment period and approval by the federal court.

Defendants (1)

• E.I. DUPONT DE NEMOURS & COMPANYNamed in complaintNamed in settlement

Facilities (1)

• DU PONT BELLE PLANT

  901 WEST DU PONT AVENUE, BELLE, WV, 25015

  Registry ID: 110000344182

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 304 — Emergency Release Notification Section 313 Program
• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause

Enforcement conclusions (1)

• E.I. DUPONT DE NEMOURS & CO (CAA/CERCLA/EPCRA)entered 2015-09-25

  Primary law: CAA

  Federal penalty: $1,275,000

Timeline (7 milestones)

• 2012-09-27Referred To Dept Of Justice
• 2012-09-29Enforcement Action Data Entered
• 2014-08-27Complaint Filed With Court
• 2014-08-27Final Order Lodged
• 2015-09-25Final Order Entered
• 2015-09-25Concluded
• 2018-09-28Enforcement Action Closed