EPA v. EVONIK CORPORATION

Case summary

6/10/2014 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $5,753 (CERCLA VIOLATION - $2,877 AND EPCRA VIOLATION - $2,876). RESPONDENT ALSO AGREES TO COMPLETE A SEP. ORDER ALLEGES: VIOLATION OF SECTION 103(a) OF CERCLA ON JUNE 28, 2012, RESPONDENT HAD A RELEASE OF AMMONIA ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 103(a) OF CERCLA, BY FAILING TO NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OFTHE RLEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. VIOLATION OF SECTION 304(a) OF EPCRA ON JUNE 28, 2012, RESPONDENT HAD A RELEASE OF AMMONIA ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(a) OF EPCRA, BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• EVONKI CORPORATIONNamed in complaintNamed in settlement

Facilities (8)

• EVONIK CORPORATION

  4201 DEGUSSA ROAD, THEODORE, AL, 36590

  Registry ID: 110017408296

• EVONIK CORPORATION

  4201 DEGUSSA ROAD, THEODORE, AL, 36590

  Registry ID: 110017408296

• EVONIK CORPORATION

  4201 DEGUSSA ROAD, THEODORE, AL, 36590

  Registry ID: 110017408296

• EVONIK CORPORATION

  4201 DEGUSSA ROAD, THEODORE, AL, 36590

  Registry ID: 110017408296

• EVONIK CORPORATION

  4201 DEGUSSA ROAD, THEODORE, AL, 36590

  Registry ID: 110017408296

• EVONIK CORPORATION

  4201 DEGUSSA ROAD, THEODORE, AL, 36590

  Registry ID: 110017408296

• EVONIK CORPORATION

  4201 DEGUSSA ROAD, THEODORE, AL, 36590

  Registry ID: 110017408296

• EVONIK CORPORATION

  4201 DEGUSSA ROAD, THEODORE, AL, 36590

  Registry ID: 110017408296

Statutes cited

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

Enforcement conclusions (1)

• EVONIK CORPORATIONentered 2014-06-10

  Primary law: CERCLA

  Federal penalty: $5,753 · SEP: $21,731

Timeline (4 milestones)

• 2014-06-10Complaint Filed/Proposed Order
• 2014-06-10Final Order Issued
• 2014-06-11Enforcement Action Closed
• 2014-06-16Enforcement Action Data Entered