EPA v. DOMTAR PAPER COMPANY LLC

Case summary

7/19/12 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,753 FOR THE CERCLA VIOLATION AND $5,752 FOR THE EPCRA VIOLATION. THE PENALTIES ARE DUE WITHIN 30 DAYS. ALLEGATIONS: ON SEPT 6, 2011, RESPONDENT HAD A RELEASE OF METHYL MERCAPTAN ABOVE THE REPORTABLE QUANTITY (RQ) AT THE FACILITY. ELA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA 103(a) AND THE APPLICABLE CERCLA REGS, 40 CFR 302.6, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF METHYL CERCAPTAN IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA 304(a) BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF METHYL MERCAPTAN IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• DOMTAR PAPER COMPANY, LLCNamed in complaintNamed in settlement

Facilities (2)

• DOMTAR PAPER CO LLC HAWESVILLE MILL

  58 WESCOR ROAD, HAWESVILLE, KY, 42348

  Registry ID: 110000380926

• DOMTAR PAPER CO LLC HAWESVILLE MILL

  58 WESCOR ROAD, HAWESVILLE, KY, 42348

  Registry ID: 110000380926

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 303 — Comprehensive Emergency Response Plans

Enforcement conclusions (1)

• DOMTAR PAPER COMPANY LLCentered 2012-07-19

  Primary law: EPCRA

  Federal penalty: $11,505

Timeline (4 milestones)

• 2012-07-19Final Order Issued
• 2012-07-19Complaint Filed/Proposed Order
• 2012-08-09Enforcement Action Data Entered
• 2012-08-17Enforcement Action Closed