EPA v. SAS Global (Warren) NOD

Case summary

On October 18, 2010, Region 5 issued a Notice of Determination (NOD) to SAS Global Corporation (SAS), Warren, Michigan, resolving violations of federal environmental laws disclosed by SAS. By letters dated January 18, July 8, and September 23, 2010, SAS provided formal notification and voluntary disclosure of violations of the Michigan State Implementation Plan Rule 336.1707. Region 5 determined the disclosure of violation met the nine criteria for waiver of all civil gravity-based penalties under the EPA’s May 11, 2000, policy entitled Incentives for Self-Policing: Discovery, Disclosure, Correction, and Prevention of Violations. Region 5 also determined that any economic benefit gained as a result of the violation was insignificant. Based upon these determinations, Region 5 issued the NOD resolving the potential claims for civil penalties for the violations. This Notice of Determination was issued in response to violations to EPCRA 311/312 which were voluntarily disclosed by SAS Global. Violations included failure to provide a list of hazardous chemicals located at SAS Global in quantities over the reporting threshholds, as well as failure to provide MSDSs for each of these chemicals, to the SERC, LEPC and local fire department. SAS Global also failed to submit complete Tier II forms for calendar years 2006 - 2008 in a timely manner to the SERC, LEPC and local fire department. EPCRA 313 violations disclosed were for failure to file Form R for chromium and manganase in years 2006, 2007 and 2008.

Defendants (1)

• SAS Global Corp. (Warren, MI)Named in complaintNamed in settlement

Facilities (1)

• SAS GLOBAL CORPORATION

  21601 MULLIN AVE, WARREN, MI, 48089

  Registry ID: 110039560748

Statutes cited

• EPCRA 311 — Material Safety Data Sheets (MSDS)
• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms

Enforcement conclusions (1)

• SAS Global (Warren) NODentered 2010-10-18

  Primary law: EPCRA

Timeline (4 milestones)

• 2010-10-18Pipeline Closed
• 2010-10-18Final Order Issued
• 2010-10-18Enforcement Action Closed
• 2010-11-02Enforcement Action Data Entered