EPA v. NEW CHEM, LLC

Case summary

On February 15, 2023, Region III filed a Consent Agreement and Final Order regarding twenty-one (21) violations of Section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 ( EPCRA ), 42 U.S.C. 1023, by New Chem, LLC ( Respondent ) in the manufacture of organic chemicals and biocides at its facility located at 7743 Ohio River Boulevard, New Cumberland, West Virginia ( Facility ). This CAFO resolves violations discovered by EPA during an offsite compliance monitoring investigation of Respondent's Facility during November of 2020 to review compliance with EPCRA Section 313 reporting requirements. Because the company processes toxic chemicals in quantities above established thresholds, it has a statutory requirement to report the toxic chemicals for the benefit of the public including emergency responders that could be called to the Facility. During calendar years 2017 through 2019, the Facility processed the toxic chemicals, ethylbenzene, ethylene glycol, phthalic anhydride, styrene, toluene diisocyanate, toluene, and xylene, in quantities above the required reporting threshold of 25,000 pounds without filing a Form R or Form A with both EPA and the State of West Virginia as required by Section 313 of EPCRA and the associated federal regulations of 40 C.F.R. Part 372. Under the terms of the settlement, Respondent will pay a civil penalty in the amount of $5,000.00 to resolve these twenty-one (21) violations of EPCRA Section 313 and the associated federal regulations of 40 C.F.R. Part 372. EPA contacted the State of West Virginia regarding this matter, and the State has raised no objections.

Defendants (1)

• NEW CHEM, LLCNamed in complaintNamed in settlement

Facilities (4)

• NEWCHEM

  7743 OHIO RIVER BLVD, NEW CUMBERLAND, WV, 26047

  Registry ID: 110010720229

• NEWCHEM

  7743 OHIO RIVER BLVD, NEW CUMBERLAND, WV, 26047

  Registry ID: 110010720229

• NEW CHEM, LLC

  7743 OHIO RIVER RD, NEW CUMBERLAND, WV, 26047

  Registry ID: 110010720229

• NEW CHEM, LLC

  7743 OHIO RIVER RD, NEW CUMBERLAND, WV, 26047

  Registry ID: 110010720229

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• NEW CHEM, LLCentered 2023-02-15

  Primary law: EPCRA

  Federal penalty: $5,000

Timeline (4 milestones)

• 2023-02-15Final Order Issued
• 2023-02-15Enforcement Action Data Entered
• 2023-02-15Complaint Filed/Proposed Order
• 2023-02-21Enforcement Action Closed