EPA v. OCCIDENTAL CHEMICAL CORPORATION

Case summary

12/20/16 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $8,629 (CERCLA VIOLATION - $4315 AND EPCRA VIOLATION - $4314). RESPONDENT ALSO AGREES TO COMPLETE A SEP. ORDER ALLEGES: VIOLATION OF SECTION 103(a) OF CERCLA ON JUNE 27, 2014, A RELEASE OF CHLORINE 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 CHLORINE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. VIOLATION OF SECTION 304(a) EPCRA ON JUNE 27, 2014, A RELEASE OF CHLORINE ABOVE THE RQ OCCURRED AT THE 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 NOTIY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF CHLORINE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• OCCIDENTAL CHEMICAL CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• OCCIDENTAL CHEMICAL CORP (OXYCHEM)

  1900 DUPONT ROAD, NEW JOHNSONVILLE, TN, 37134

  Registry ID: 110054137466

Statutes cited

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

Enforcement conclusions (1)

• OCCIDENTAL CHEMICAL CORPORATIONentered 2016-12-20

  Primary law: EPCRA

  Federal penalty: $8,629 · SEP: $35,054

Timeline (4 milestones)

• 2016-12-20Complaint Filed/Proposed Order
• 2016-12-20Final Order Issued
• 2017-01-04Enforcement Action Data Entered
• 2017-01-10Enforcement Action Closed