EPA v. E.I. DUPONT DE NEMOURS & COMPANY

Case summary

DUPONT VIOLATED THE GENERAL DUTY CLAUSE OF THE CAA AT ITS FLUOROPRODUCTS FACILITY IN LOUISVILLE, KY, BY (1) FAILING TO IDENTIFY THE HAZARDS OF A HYDROGEN FLUORIDE RELEASE DURING MAINTENANCE ACTIVITIES; (2) FAILING TO DESIGN AND MAINTAIN A PIPING AND VALVE SYSTEM THAT WOUDL PREVENT RELEASES OF HYDROGEN FLUORIDE; AND (3) FAILING TO MINIMIZE HYDROGEN FLUORIDE RELEASES BY INSTALLING AN AUTOMATIC INSULATION VALVE NEAR THE REACTOR. ON MAY 19, 1997, THESE FAILURES RESULTED IN AN 11,500 POUND RELEASE OF HYDROGEN FLUORIDE WHEN A VALVE BROKE DURING MAINTENANCE ACTIVITIES. DUPONT IS THE ONLY DEFENDANT AND A BOTTOM-LINE PENALTY IS SOUGHT OF $1.5 MILLION. NO INJUNCTIVE RELIEF IS NEEDED SINCE DUPONT HAS RECTIFIED ITS PROBLEMS. THIS CASE IS A NATIONALLY SIGNIFICANT MATTER GIVEN THE PENALTY AMOUNT SOUGHT AND THE NATURE OF THE VIOLATIONS - GENERAL DUTY CLAUSE VIOLATIONS. ANOTHER SIMILAR CASE IS BEING LITIGATED BY DOJ AGAINST DUPONT FOR 112R VIOLATIONS AT IT WURTLAND, KY, FACILITY.

Defendants (1)

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

Facilities (4)

• DUPONT E I CO LOUISVILLE

  4200 CAMPGROUND RD, LOUISVILLE, KY, 40216

  Registry ID: 110000378494

• DUPONT E I CO LOUISVILLE

  4200 CAMPGROUND RD, LOUISVILLE, KY, 40216

  Registry ID: 110000378494

• DUPONT E I CO LOUISVILLE

  4200 CAMPGROUND RD, LOUISVILLE, KY, 40216

  Registry ID: 110000378494

• DUPONT E I CO LOUISVILLE

  4200 CAMPGROUND RD, LOUISVILLE, KY, 40216

  Registry ID: 110000378494

Statutes cited

• CAA 112R — General Duty/Accidental Release

Enforcement conclusions (1)

• E.I. DUPONT DE NEMOURS & COMPANYentered 2004-04-09

  Primary law: CAA

  Federal penalty: $550,000 · SEP: $682,000

Timeline (7 milestones)

• 1998-09-30Enforcement Action Data Entered
• 1998-09-30Referred To Dept Of Justice
• 2003-07-31Complaint Filed With Court
• 2003-07-31Final Order Lodged
• 2004-04-09Concluded
• 2004-04-09Final Order Entered
• 2012-08-07Enforcement Action Closed