EPA v. UNIVAR USA, INC.

Case summary

ON SEPTEMBER 29, 2016, EPA FILED A CONSENT AGREEMENT AND FINAL ORDER, WHICH INITIATED AND SETTLED EPA'S PENALTY ACTION CLAIM FOR VIOLATIONS OF EPCRA SECTION 304, IIN CONNECTION WITH RELEASE OF APPROXIMATELY 2,300 POUNDS OF SULFURIC ACID THAT OCCURRED ON MAY 16, 2014 AT RESPONDENT'S CHEMICAL DISTRIBUTION FACILITY LOCATED AT 5 STEEL ROAD EAST, MORRISVILLE, PA 19067. THE CONSENT AGREEMENT ASSERTS THAT RESPONDENT FAILED TO IMMEDIATELY NOTIFY THE STATE EMERGENCY RESPONSE COMMISSION ( SERC ) AS SOON AS RESPONDENT KNEW OR SHOULD HAVE KNOWN THAT A RELEASE OF A HAZARDOUS SUBSTANCE, NAMELY SULFURIC ACID, HAD OCCURRED AT THE FACILITY IN AN AMOUNT EQUAL TO OR EXCEEDING THE APPLICALE RQ AND THAT RESPONDENT FAILED TO PROVIDE A WRITTEN FOLLOW- EMERGENCY NOTICE AS SOON AS PRACTICABLE, TO UPDATE SERC REGARDING THE MAY 16, 2014 RELEASE. ADDITIONALLY, THE CONSENT AGREEMENT ASSERTS THE RESPONDENT VIOLATE4D THE CHEMICAL INVENTORY REPORTING REQUIREMENTS OF SECTION 312 OF EPCRA AT THE FACILITY FOR CALENDAR YEAR 2012 BY FAILING TO SUBMIT COMPLETE AND ACCURATE CHEMICAL INVENTORY FORMS, OR TIER II REPORTS, TO THE APPROPRIATE LEPC, SERC, AND LOCAL FIRE DEPARTMENT. RESPONDENT HAS AGREED TO PAY A PENALTY OF $18,061 TO SETTLE THE MATTER.

Defendants (1)

• UNIVAR USA, INC.Named in complaintNamed in settlement

Facilities (1)

• UNIVAR USA INC

  5 STEEL RD EAST, MORRISVILLE, PA, 19067

  Registry ID: 110067041597

Statutes cited

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

Enforcement conclusions (1)

• UNIVAR USA, INC.entered 2016-09-29

  Primary law: EPCRA

  Federal penalty: $18,061

Timeline (3 milestones)

• 2016-09-29Final Order Issued
• 2016-09-29Complaint Filed/Proposed Order
• 2016-09-30Enforcement Action Data Entered