EPA v. ASCEND PERFORMANCE MATERIALS

Case summary

12/27/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $6,450 FOR THE CERCLA VIOLATION WHICH SHALL BE PAID WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS CAFO; AND A PENALTY OF $42,750 FOR THE EPCRA VIOLATION WHICH SHALL BE PAID WITHIN 30 DAYS. VIOLATIONS OF CERCLA 103: ON JAN 16, 2006, RESPONDENT HAD A RELEASE OF PROPIONITRILE ABOVE THE REPORTABLE QUANTITY (RQ) AT THE FACILITY. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA SEC 103(a) BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF PROPIONITRILE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. VIOLATIONS OF SECTION 304(a) EPCRA: ON JAN 16, 2006 AND MAR 18, 2008, RESPONDENT HAD A RELEASE OF PROPIONITRILE ABOVE THE RQ AT THE FACILITY. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA SEC 304(a) BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF PROPIONITRILE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY. VIOLATION OF EPCRA 304(c): ON MARCH 18, 2008, RESPONDENT HAD A RELEASE OF PROPIONITRILE ABOVE THE RQ AT THE FACILITY. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SEC 304(c) OF EPCRA BY FAILING TO PROVIDE A WRITTEN FOLLOW-UP EMERGENCY NOTICE TO THE SERC AND THE LEPC WHEN THERE HAD BEEN A RELEASE OF PROPIONITRILE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESOPNDENT'S FACILITY.

Defendants (1)

• ASCEND PERFORMANCE MATERIALSNamed in complaintNamed in settlement

Facilities (8)

• ASCEND PERFORMANCE MATERIALS

  1050 CHEMSTRAND AVENUE, DECATUR, AL, 35601

  Registry ID: 110007235269

• ASCEND PERFORMANCE MATERIALS

  1050 CHEMSTRAND AVENUE, DECATUR, AL, 35601

  Registry ID: 110007235269

• ASCEND PERFORMANCE MATERIALS

  1050 CHEMSTRAND AVENUE, DECATUR, AL, 35601

  Registry ID: 110007235269

• ASCEND PERFORMANCE MATERIALS

  1050 CHEMSTRAND AVENUE, DECATUR, AL, 35601

  Registry ID: 110007235269

• ASCEND PERFORMANCE MATERIALS

  1050 CHEMSTRAND AVENUE, DECATUR, AL, 35601

  Registry ID: 110007235269

• ASCEND PERFORMANCE MATERIALS

  1050 CHEMSTRAND AVENUE, DECATUR, AL, 35601

  Registry ID: 110007235269

• ASCEND PERFORMANCE MATERIALS

  1050 CHEMSTRAND AVENUE, DECATUR, AL, 35601

  Registry ID: 110007235269

• ASCEND PERFORMANCE MATERIALS

  1050 CHEMSTRAND AVENUE, DECATUR, AL, 35601

  Registry ID: 110007235269

Statutes cited

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

Enforcement conclusions (1)

• ASCEND PERFORMANCE MATERIALSentered 2010-12-27

  Primary law: EPCRA

  Federal penalty: $49,200

Timeline (4 milestones)

• 2010-12-27Final Order Issued
• 2010-12-27Complaint Filed/Proposed Order
• 2011-01-03Enforcement Action Closed
• 2011-01-04Enforcement Action Data Entered