EPA v. DSM CHEMICALS NORTH AMERICA, LLC

Case summary

9/8/2015 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $42,188 ($14,063 CERCLA VIOLATION AND $28,125 EPCRA VIOLATION). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP. ORDER ALLEGES: VIOLATION OF SECTION 103(a) OF CERCLA ON NOVEMBER 12, 2013, A RELEASE OF NITROGEN OXIDE ABOVE THE RQ OCCURRED AT THE FACILITY. RESPONDENT WAS IN CHARGE OF THE FACILITY ON NOVEMBER 12, 2013. 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 RELEASES OF NITROGEN OXIDE IN AN AMOUNT EQUAL OT OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. VIOLATIONS OF 304(a) OF EPCRA ON NOVEMBER 12, 2013, A RELEASE OF NITROGEN OXIDE 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 LCOATED. 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 NITROGEN OXIDE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• DSM CHEMICAL NORTH AMERICA, LLCNamed in complaintNamed in settlement

Facilities (1)

• DSM CHEMICALS NORTH AMERICA

  1 COLUMBIA NITROGEN DR, AUGUSTA, GA, 30901

  Registry ID: 110000359521

Statutes cited

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

Enforcement conclusions (1)

• DSM CHEMICALS NORTH AMERICA, LLCentered 2015-09-08

  Primary law: CERCLA

  Federal penalty: $42,188 · SEP: $158,578

Timeline (4 milestones)

• 2015-09-08Final Order Issued
• 2015-09-08Complaint Filed/Proposed Order
• 2015-09-11Enforcement Action Data Entered
• 2015-09-29Enforcement Action Closed