EPA v. HEXION, INC.

Case summary

9/11/18 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF$5,348 FOR THE CERCLA VIOLATION AND A PENALTY OF $10,695 FOR THE EPCRA VIOLATIONS. PENALTY IS DUE WITHIN 30 DAYS. ALLEGATIONS: ON JUNE 6, 2016, A RELEASE OF TOLUENE ABOVE THE REPORTABLE QUANTITY (RQ) OCCURRED AT THE FACILITY. EPA ALLEGES RESPONDENT VIOLATED THE NOTIFICATOIN REQUIREMENTS OF CERCLA 103(a) AND THE APPLICABLE CERCLA REG, 40 CFR 302.6, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF TOLUENE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA 304(c) BY FAILING TO TIMELY PROVIDE A WRITTEN FOLLOW-UP EMERGENCY NOTICE TO THE LEPC WHEN THERE HAD BEEN A RELEASE OF TOLUENE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA 304(a) AND THE APPLICABLE EPCRA REGS AT 40 CFR PART 355, SUBPART C, BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF TOLUENE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• HEXION, INC.Named in complaintNamed in settlement

Facilities (1)

• HEXION INC.

  2525 SOUTH COMBEE ROAD, LAKELAND, FL, 33801-6865

  Registry ID: 110000364828

Statutes cited

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

Enforcement conclusions (1)

• HEXION, INC.entered 2018-09-11

  Primary law: EPCRA

  Federal penalty: $16,043

Timeline (4 milestones)

• 2018-09-11Final Order Issued
• 2018-09-11Complaint Filed/Proposed Order
• 2018-09-12Enforcement Action Data Entered
• 2018-10-18Enforcement Action Closed