EPA v. BASF CORP

Case summary

THE REGIONAL JUDICIAL OFFICER ISSUED A FINAL ORDER ACCEPTING THE CONSENT AGREEMENT TO COMMENCE AND SETTLE VIOLATIONS OF CERCLA SECTION 103 AND EPCRA SECTION 304 AT A CATALYST MANUFACTURING FACILITY LOCATED IN ERIE, PENNSYLVANIA, OWNED AND OPERATED BY BASF CORPORATION. EPA DETERMINED THAT BASF CORPORATION FAILED TO TIMELY REPORT THE RELEASE OF 8,000 GALLS OF WASTEWATER, CLASSIFIED AS A F005 HAZARDOUS WASTE, ON SEPTEMBER 20, 2016, 6,000 GALLONS OF WHICH ENTERED A STORM SEWER AND TRAVELED OFFSITE TO MOTSCH RUN AND LAKE ERIE, TO THE NATIONAL RESPONSE CENTER, IN VIOLATION OF CERCLA SECTION 103 AND TO THE STATE EMERGENCY RESPONSE COMMISSION AND THE LOCAL EMERGENCY PLANNING COMMITTEE, IN VIOLATION OF EPCRA SECTION 104. IN SETTLEMENT, BASF CORPORATION HAS AGREED TO PAY A CASH PENALTY FOR CERCLA AND EPCRA VIOLATIONS. PENNSYLVANIA HAS NOT RECEIVED DELEGATION OF THE CERCLA AND EPCRA EMERGENCY NOTIFICATION PROGRAM BUT HAS BEEN NOTIFIED OF THIS ENFORCEMENT ACTION.

Defendants (1)

• BASF CORPNamed in complaintNamed in settlement

Facilities (1)

• BASF CORP

  1729 EAST AVE, ERIE, PA, 16503

  Registry ID: 110070144245

Statutes cited

• EPCRA 304 — Emergency Release Notification Section 313 Program
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

• BASF CORPentered 2020-02-13

  Primary law: CERCLA

  Federal penalty: $82,045

Timeline (4 milestones)

• 2020-02-13Complaint Filed/Proposed Order
• 2020-02-13Final Order Issued
• 2020-02-24Enforcement Action Data Entered
• 2020-02-27Enforcement Action Closed