EPA v. BASF CORPORATION

Case summary

11/22/16- - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $23,010 (CERCLA VIOLATION - $11,505 AND EPCRA VIOLATION - $11,505). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: VIOLATION OF CERCLA SECTION 103(a) ON APRIL 2, 2015, THERE WAS A RELEASE OF NITROGEN DIOXIDE ABOVE THE RQ INTO THE ENVIRONMENT FROM RESPONDENT'S 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 NITROGEN DIOXIDE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. VIOLATION OF EPCRA SECTION 304(a) ON APRIL 2, 2015, THERE WAS A RELEASE OF NITROGEN DIOXIDE ABOVE THE RQ INTO THE ENVIRONMENT FROM RESPONDENT'S FACILITY. EPA ALLEGES THAT THE RELEASES 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 NITROGEN DIOXIDE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• BASF CORPORATIONNamed in complaintNamed in settlement

Facilities (2)

• ENGELHARD CORPORATION

  554 ENGELHARD DRIVE, SENECA, SC, 29678-1700

  Registry ID: 110000354893

• ENGELHARD CORPORATION

  554 ENGELHARD DRIVE, SENECA, SC, 29678-1700

  Registry ID: 110000354893

Statutes cited

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

Enforcement conclusions (1)

• BASF CORPORATIONentered 2016-11-22

  Primary law: EPCRA

  Federal penalty: $23,010

Timeline (3 milestones)

• 2016-11-22Final Order Issued
• 2016-11-22Complaint Filed/Proposed Order
• 2016-11-30Enforcement Action Data Entered