EPA v. ICL-IP AMERICA, INC

Case summary

On November 17, 2016, EPA filed a Consent Agreement and Final Order, which initiated and settled EPA's penalty claim for violations ofEPCRA Section 304, in connection with a release of approximately 12.78 pounds of ethylene oxide that occurred on August 29-30, 2014 at Respondent's fire retardant manufacturing facility located at 11636 Huntington Road, Gallipolis Ferry, West Virginia 25515. The Consent Agreement asserts that Respondent failed to immediately notify the Local Emergency Planning Committee ( LEPC ) as soon as Respondent knew or should have known that a release of an extremely hazardous substance, namely ethylene oxide, had occurred at the Facility in an amount equal to or exceeding the applicable reportable quantity and that Respondent failed to provide a written follow-up emergency notice, as soon as practicable, to update the LEPC regarding the August 29-30, 2014 release. Respondent has agreed to pay a penalty of $14,854 to settle the matter.

Defendants (1)

• ICL-IP AMERICA, INCNamed in complaintNamed in settlement

Facilities (2)

• ICL-IP AMERICA, INC

  11636 HUNTINGTON RD, GALLIPOLIS FERRY, WV, 25515

  Registry ID: 110000607772

• ICL-IP AMERICA, INC

  11636 HUNTINGTON RD, GALLIPOLIS FERRY, WV, 25515

  Registry ID: 110000607772

Statutes cited

• EPCRA 304 — Emergency Release Notification Section 313 Program

Enforcement conclusions (1)

• ICL-IP AMERICA, INCentered 2016-11-17

  Primary law: EPCRA

  Federal penalty: $14,854

Timeline (4 milestones)

• 2016-11-17Enforcement Action Data Entered
• 2016-11-17Final Order Issued
• 2016-11-17Complaint Filed/Proposed Order
• 2017-01-03Enforcement Action Closed