EPA v. DSM CHEMICALS NORTH AMERICA, INC.

Case summary

2/6/13 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $4,315 FOR THE CERCLA VIOLATION AND $4,315 FOR THE EPCRA VIOLATION. PENALTIES SHALL BE PAID WITH 30 DAYS. RESPONDENT AGREED TO PERFORM A SEP. ALLEGATIONS: ON AUG 11, 2011, RESPONDENT HAD A RELEASE OF BENZENE ABOVE THE REPORTABLE QUANTITY (RQ) AT THEIR FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA 103(a) BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF BENZENE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. 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 BENZENE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY. RESPONDENT WAS THE OWNER OR OPERATOR OF THE FACILITY DURING THE RELEVANT PERIOD.

Defendants (1)

• DSM CHEMICALS NORTH AMERICA, INC.Named in complaintNamed in settlement

Facilities (1)

• DSM CHEMICALS NORTH AMERICA INC

  1 COLUMBIA NITROGEN ROAD, AUGUSTA, GA, 30901-2021

  Registry ID: 110000359521

Statutes cited

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

Enforcement conclusions (1)

• DSM CHEMICALS NORTH AMERICA, INC.entered 2013-02-06

  Primary law: EPCRA

  Federal penalty: $8,630 · SEP: $35,331

Timeline (4 milestones)

• 2013-02-06Complaint Filed/Proposed Order
• 2013-02-06Final Order Issued
• 2013-03-07Enforcement Action Data Entered
• 2013-03-11Enforcement Action Closed