EPA v. WACKER CHEMICAL CORPORATION

Case summary

4/19/16 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $3,113 (CERCLA VIOLATION $1556 AND EPCRA VIOLATION $1557). RESPONDENT ALSO AGREES TO COMPLETE A SEP. ORDER ALLEGES: ON MAY 13, 2014, A RELEASE OF VINYL CHLORIDE ABOVE THE RQ OCCURRED AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 103(a) OF CERCLA, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF VINYL CHLORIDE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. ON MAY 13, 2014, A RELEASE OF VINYL CHLORIDE ABOVE THE RQ OCCURRED 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 SECTION 304(a) OF EPCRA, BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF VINYL CHLORIDE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• WACKER CHEMICAL CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• WACKER CHEMICAL CORP POLYMERS DIV

  854 N MAIN STREET, CALVERT CITY, KY, 42029

  Registry ID: 110049179416

Statutes cited

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

Enforcement conclusions (1)

• WACKER CHEMICAL CORPORATIONentered 2016-04-19

  Primary law: EPCRA

  Federal penalty: $3,113 · SEP: $10,490

Timeline (4 milestones)

• 2016-04-19Complaint Filed/Proposed Order
• 2016-04-19Final Order Issued
• 2016-04-27Enforcement Action Data Entered
• 2016-05-17Enforcement Action Closed