EPA v. OMNOVA SOLUTIONS, INC.

Case summary

2/7/12 - CONSENT AGMT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $5,753 FOR THE CERCLA VIOLATION AND $5,752 FOR THE EPCRA VIOLATION. PENALTY DUE WITHIN 30 DAYS. ALLEGATIONS: ON DEC 14, 2010, RESPONDENT HAD A RELEASE OF BUTADIENE 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) - EPA ALLEGES THAT THE RELEASE RESULTED IN THE POTENTIAL FOR EXPOSURE TO PERSONS BEYOND THE SITE OR SITES ON WHICH THE FACILITY IS LOCATED BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF BUTADIENE IN AN AMOUNT EQUAL TO OR GREATER THAN THE TQ AT RESPONDENT'S FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA 103(a) AND THE APPLICABLE CERCLA REGS BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF BUTADIENE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• OMNOVA SOLUTIONS, INC.Named in complaintNamed in settlement

Facilities (9)

• OMNOVA SOLUTIONS INC

  1601 HWY. 41, S.W., CALHOUN, GA, 30701-3651

  Registry ID: 110000740887

• OMNOVA SOLUTIONS INC

  1601 HWY. 41, S.W., CALHOUN, GA, 30701-3651

  Registry ID: 110000740887

• OMNOVA SOLUTIONS INC

  1601 HWY. 41, S.W., CALHOUN, GA, 30701-3651

  Registry ID: 110000740887

• OMNOVA SOLUTIONS INC

  1601 HWY. 41, S.W., CALHOUN, GA, 30701-3651

  Registry ID: 110000740887

• OMNOVA SOLUTIONS INC

  1601 HWY. 41, S.W., CALHOUN, GA, 30701-3651

  Registry ID: 110000740887

• OMNOVA SOLUTIONS INC

  1601 HWY. 41, S.W., CALHOUN, GA, 30701-3651

  Registry ID: 110000740887

• OMNOVA SOLUTIONS INC

  1601 HWY. 41, S.W., CALHOUN, GA, 30701-3651

  Registry ID: 110000740887

• OMNOVA SOLUTIONS INC

  1601 HWY. 41, S.W., CALHOUN, GA, 30701-3651

  Registry ID: 110000740887

• OMNOVA SOLUTIONS INC

  1601 HWY. 41, S.W., CALHOUN, GA, 30701-3651

  Registry ID: 110000740887

Statutes cited

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

Enforcement conclusions (1)

• OMNOVA SOLUTIONS, INC.entered 2012-02-07

  Primary law: EPCRA

  Federal penalty: $11,505

Timeline (4 milestones)

• 2012-02-07Final Order Issued
• 2012-02-07Complaint Filed/Proposed Order
• 2012-02-14Enforcement Action Data Entered
• 2012-03-02Enforcement Action Closed