EPA v. BASF CORPORATION (NATIONAL CASE)

Case summary

In this action, the United States sought injunctive relief and civil penalties for violations of the industrial refrigerant repair, record-keeping, and reporting regulations at 40 C.F.R. Section 82.156 (Recycling and Emission Reduction) promulgated by the EPA under Subchapter VI of the Clean Air Act (Stratospheric Ozone Protection), at five of BASF’s facilities in the United States. The five facilities are located in Livonia, Michigan; South Brunswick and Washington, New Jersey; Greenville, Ohio; and Beaumont, Texas. In the Consent Decree, BASF agreed to (1) retrofit or retire three of its industrial process refrigeration (IPR) units at its Beaumont, Texas facility and (2) pay a $384,200 penalty to the United States. Region 5's share of the penalty is $128,067. BASF had previously retired IPRs at its Greenville, Ohio, and Livonia, Michigan, plants that had been the subject of a referral to the U.S. DOJ. The cost of retrement and replacement with new units that do not use R-22 refrigerant was $86,680. The amount of R-22 refrigerant removed from service amounts to 610 pounds. The consent decree does not require additional injunctive relief at these particular plants.

Defendants (1)

• BASF CORPORATIONNamed in complaintNamed in settlement

Facilities (3)

• BASF CORPORATION

  1175 MARTIN STREET, GREENVILLE, OH, 45331

  Registry ID: 110000394074

• BASF CORPORATION

  1175 MARTIN STREET, GREENVILLE, OH, 45331

  Registry ID: 110000394074

• BASF CORP

  13000 LEVAN RD, LIVONIA, MI, 48150

  Registry ID: 110017411834

Statutes cited

• CAA 608 — National Recycling & Emission Reduction Program

Enforcement conclusions (1)

• BASF CORPORATION (NATIONAL CASE)entered 2010-03-03

  Primary law: CAA

  Federal penalty: $128,067

Timeline (5 milestones)

• 2006-03-30Referred To Dept Of Justice
• 2006-04-10Enforcement Action Data Entered
• 2009-10-19Final Order Lodged
• 2009-10-19Complaint Filed With Court
• 2010-03-03Final Order Entered