EPA v. ARCLIN USA, LLC

Case summary

11/16/17 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF ($43,292 CERCLA VIOLATION - $21,646 AND EPCRA VIOLATION - $21,646). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP. ORDER ALLEGES: VIOLATION OF 103(a) CERCLA ON NOVEMBER 17, 2015, A RELEASE OF FORMALDEHYDE AND PHENOL AVOE THIER RESPECTIVE RQ OCCURRED AT THE FACILITY. THE 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 RELEASE OF FORMALDEHYDE AND PHENOL IN AN AMOUNT EQUAL TO OR EQUAL TO OR GREATER THAN THEIR RESPECTIVE RQ AT RESPONDENT'S FACILITY. VIOLATION OF SECTION 304(a) EPCRA ON NOVEMBER 17, 2015, A RELEASE OF FORMALDEHYDE AND PHENOL ABOVE THIER RESPECTIVE RQ OCCURRED AT THE FACILITY. THE EPA ALLEGES THAT THE RELEASE RESULTED IN THE POTENTIAL FOR EXPOSURE TO PERSONS BEYOND THE SITE OR SITES ON WHICH THE FACILITY IS LOCATED. THE 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 FORMALDEHYDE AND PHENOL IN AN AMOUNT EQUAL TO OR GREATER THAN THEIR RESPECTIVE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• ARCLIN USA, LLCNamed in complaintNamed in settlement

Facilities (1)

• ARCLIN USA, LLC

  790 CORINTH RD, MONCURE, NC, 27559

  Registry ID: 110069619461

Statutes cited

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

Enforcement conclusions (1)

• ARCLIN USA, LLCentered 2017-11-16

  Primary law: EPCRA

  Federal penalty: $43,292 · SEP: $9,074

Timeline (4 milestones)

• 2017-11-16Complaint Filed/Proposed Order
• 2017-11-16Final Order Issued
• 2017-11-27Enforcement Action Data Entered
• 2018-01-02Enforcement Action Closed