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

Case summary

10/19/2011 - CONSENT AGMT AND FINAL ORDER ISSUED. ORDER ASSESSES A CERCLA PENALTY OF $17,268 AND AN EPCRA PENALTY OF $34,537. PENALTY IS DUE WITHIN 30 DAYS. ALLEGATIONS: CERCLA 103(a) - ON FEB 11, 2011, RESPONDENT HAD A RELEASE OF CARBONYL SULFIDE ABOVE THE REPORTABLE QUANTITY (RQ) AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS, 40 CFR 302.6, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF CARBONYL SULFIDE IN AN AMOUNT GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. EPCRA 304(a) - ON FEB 1, 2011, RESPONDENT HAD A RELEASE OF CARBONYL SULFIDE ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT THE RELEASE RESULTED IN THE POTENTIAL FOR EXPOSURE TO PERSONS BEYOND THE SITE OR SITES ON WHICH THE FACILITY IS LOCATED. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA 304(a) AND TEH APPLICABLE EPCRA REGS AT 40 CFR 355, SUBPART C, BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF CARBONYL SULFIDE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY. EPCRA 304(c) - EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA 304(c) BY FAILING TO PROVIDE A WRITTEN FOLLOW-UP EMERGENCY NOTICE TO THE SERC AND LEPC WHEN THERE HAD BEEN A RELEASE OF CARBONYL SULFIDE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

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

Facilities (2)

• DUPONT DELISLE PLANT

  7685 KILN DELISILE ROAD, PASS CHRISTIAN, MS, 39571-9423

  Registry ID: 110005985416

• DUPONT DELISLE PLANT

  7685 KILN DELISILE ROAD, PASS CHRISTIAN, MS, 39571-9423

  Registry ID: 110005985416

Statutes cited

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

Enforcement conclusions (1)

• E.I. DUPONT DE NEMOURS AND COMPANYentered 2011-10-19

  Primary law: EPCRA

  Federal penalty: $51,805

Timeline (4 milestones)

• 2011-10-19Final Order Issued
• 2011-10-19Complaint Filed/Proposed Order
• 2011-10-21Enforcement Action Data Entered
• 2011-10-27Enforcement Action Closed