EPA v. LUCITE INTERNATIONAL, INC.

Case summary

5/3/05 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $17,875 FOR THE CERCLA VIOLATION AND $166,650 FOR THE EPCRA VIOLATIONS. VIOLATIONS: EPCRA 313 - RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTION 313 OF EPCRA FOR CALENDAR YEARS 1999, 2000, AND 2001. CERCLA 103 - RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 103(a) OF CERCLA BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF METHANOL IN AN AMOUNT EQUAL TO OR GREATER THAN ITS REPORTABLE QUANTITY. EPCRA 304(a) - SECTION 304(a) OF EPCRA REQUIRE THE OWNER OR OPERATOR OF A FAICLITY AT WHICH HAZARDOUS CHEMICALS ARE PRODUCED, USED, OR STORED, TO IMMEDIATELY NOTIFY THE STATE EMERGENCY RESPONSE COMMISSION (SERC) AND THE LOCAL EMERGENCY PLANNING COMMITTEE (LEPC) WHEN THERE HAS BEEN A RELEASE OF A CERCLA HAZARDOUS SUBSTANCE OR EXTREMELY HAZARDOUS SUBSTANCE IN AN AMOUNT EQUAL TO OR GREATER THAN THE REPORTABLE QUANTITY. RESPONDENT WAS REQUIRED TO IMMEDIATELY REPORT THE RELEASE TO THE SERC AND THE LEPC. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(a) OF EPCRA. EPCRA 304(c) - SECTION 304(c) OF EPCRA REQUIRES THE OWNER OR OPERATOR OF A FACILITY AT WHICH THERE HAS BEEN A RELEASE THAT IS REPORTABLE UNDER EPCRA 304(a) TO PROVIDE, AS SOON AS PRACTICABLE, A FOLLOW-UP WRITTEN NOTICE TO THE SERC AND THE LEPC. RESPONDENT FAILED TO SUBMIT A FOLLOW-UP WRITTEN NOTICE TO THE SERC AND TO THE LEPC IN A TIMELY MANNER

Defendants (1)

• LUCITE INTERNATIONAL, INC.Named in complaintNamed in settlement

Facilities (4)

• MITSUBISHI CHEMICAL AMERICA (FORMERLY LUCITE INC.)

  2665 FITE RD, MEMPHIS, TN, 38113

  Registry ID: 110000374434

• MITSUBISHI CHEMICAL AMERICA (FORMERLY LUCITE INC.)

  2665 FITE RD, MEMPHIS, TN, 38113

  Registry ID: 110000374434

• MITSUBISHI CHEMICAL AMERICA (FORMERLY LUCITE INC.)

  2665 FITE RD, MEMPHIS, TN, 38113

  Registry ID: 110000374434

• MITSUBISHI CHEMICAL AMERICA (FORMERLY LUCITE INC.)

  2665 FITE RD, MEMPHIS, TN, 38113

  Registry ID: 110000374434

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 304 — Emergency Release Notification Section 313 Program

Enforcement conclusions (1)

• LUCITE INTERNATIONAL, INC.entered 2005-05-03

  Primary law: EPCRA

  Federal penalty: $184,525

Timeline (4 milestones)

• 2005-05-03Final Order Issued
• 2005-05-03Complaint Filed/Proposed Order
• 2005-05-09Enforcement Action Data Entered
• 2005-06-27Enforcement Action Closed