EPA v. Whirlpool Corporation (Clyde OH) CAFO

Case summary

Whirlpool Corporation, a manufacturer of washing machines, has a facility in Clyde, Ohio. USEPA conducted an EPCRA 311/312 inspection of the facility on June 29, 2012, to determine if it was in compliance with EPCRA 311/312. During the inspection, the EPA inspectors observed liquid nitrogen, liquid argon, hydraulic oil, cutting oil and electric forklift trucks with lead-acid batteries at the facility. The inspectors determined that Whirlpool, the Respondent, did not include the liquid nitrogen, liquid argon, hydraulic oil, and the reconditioned hydraulic oil on their Tier II Forms for Calendar Year 2011. The Respondent also had not submitted the MSDSs for these same four chemicals. On April 10. 2013, EPA mailed a Notice of Intent to file a complaint to Whirlpool with a proposed penalty of $152,844. Whirlpool had been cooperative and worked quickly to resolve this matter. Under a Consent Agreement and Final Order (CAFO) with EPA, Whirlpool has agreed to pay a civil penalty of $23,607 to the U.S. Treasury to resolve the matter. In addition, Whirlpool wanted to perform a Supplemental Environmental Project (SEP) with an estimated cost of $81,900. Under the SEP, Whirlpool will purchase and donate 21 self-contained breathing apparatus units to the Clyde Fire Department. Whirlpool will have 30 days from October 3, 2014, the date of execution of this CAFO, to pay the penalty and 16 weeks to complete the SEP.

Defendants (1)

• Whirlpool CorporationNamed in complaintNamed in settlement

Facilities (1)

• WHIRLPOOL CORPORATION

  119 BIRDSEYE STREET, CLYDE, OH, 43410

  Registry ID: 110000383166

Statutes cited

• EPCRA 311 — Material Safety Data Sheets (MSDS)
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms

Enforcement conclusions (1)

• Whirlpool Corporation (Clyde OH) CAFOentered 2014-10-03

  Primary law: EPCRA

  Federal penalty: $23,607 · SEP: $81,900

Timeline (6 milestones)

• 2014-10-03Enforcement Action Data Entered
• 2014-10-03Complaint Filed/Proposed Order
• 2014-10-03Final Order Issued
• 2015-02-10Compliance Achieved
• 2015-02-10Enforcement Action Closed
• 2015-02-10Pipeline Closed