EPA v. BASF CORPORATION

Case summary

12/15/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,800. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: VIOLATION OF SECTION 103(a) OF CERCLA ON MAY 25, 2010, RESPONDENT HAD A RELEASE OF SULFURIC ACID ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT 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 SULFURIC ACID IN AN AMOUNT EQUAL TO OR GREATER THAN ITS REQ AT RESPONDENT'S FACILITY. VIOLATION OF SECTION 304(a) OF EPCRA ON MAY 25, 2010, RESPONDENT HAD A RELEASE OF SULFURIC ACID ABOVE THE RQ AT THE FACILITY. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(a) OF EPCRA, BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS RESPONDENT KNOWLEDGE OF THE RELEASE OF SULFURIC ACID IN AMOUNT EQUAL TO OR GREATER THAN THE RQ A RESPONDENT'S FACILITY.

Defendants (1)

• BASF CORPORATIONNamed in complaintNamed in settlement

Facilities (3)

• BASF CATALYSTS LLC

  1800 E PRESIDENT STREET, SAVANNAH, GA, 31404

  Registry ID: 110000360378

• BASF CATALYSTS LLC

  1800 E PRESIDENT STREET, SAVANNAH, GA, 31404

  Registry ID: 110000360378

• BASF CATALYSTS LLC

  1800 E PRESIDENT STREET, SAVANNAH, GA, 31404

  Registry ID: 110000360378

Statutes cited

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

Enforcement conclusions (1)

• BASF CORPORATIONentered 2010-12-15

  Primary law: CERCLA

  Federal penalty: $5,800

Timeline (4 milestones)

• 2010-12-15Final Order Issued
• 2010-12-15Complaint Filed/Proposed Order
• 2010-12-21Enforcement Action Data Entered
• 2011-01-24Enforcement Action Closed