EPA v. FIRST CHEMICAL 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 PAYMa)ENT WITHIN THIRTY DAYS. ORDER ALLEGES: VIOLATION OF CERCLA 103(a) ON OCTOBER 16, 2015, A RELEASE OF ANHYDROUS AMMONIA 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 TE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF TH RELEASE OF ANHYDROUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. VIOLATION OF EPCRA SECTION 304(a) ON OCTOBER 16, 2015, A RELEASE OF ANHYDROUS AMMONIA ABOVE THE RQ OCCURRED AT THE FACILITY. EPA ALLEGES THAT THE RELEASE RESULTED 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 ANHYDROUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• FIRST CHEMICAL CORPORATIONNamed in complaintNamed in settlement

Facilities (4)

• CHEMOURS

  1001 INDUSTRIAL ROAD, PASCAGOULA, MS, 39581

  Registry ID: 110014329994

• CHEMOURS

  1001 INDUSTRIAL ROAD, PASCAGOULA, MS, 39581

  Registry ID: 110014329994

• CHEMOURS

  1001 INDUSTRIAL ROAD, PASCAGOULA, MS, 39581

  Registry ID: 110014329994

• CHEMOURS

  1001 INDUSTRIAL ROAD, PASCAGOULA, MS, 39581

  Registry ID: 110014329994

Statutes cited

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

Enforcement conclusions (1)

• FIRST CHEMICAL CORPORATIONentered 2016-11-22

  Primary law: EPCRA

  Federal penalty: $23,010

Timeline (4 milestones)

• 2016-11-22Complaint Filed/Proposed Order
• 2016-11-22Final Order Issued
• 2016-11-30Enforcement Action Data Entered
• 2017-02-09Enforcement Action Closed