EPA v. PPG Industries OH

Case summary

On 11/16/2013 at or about 3:00pm, a release occurred from Respondent?s facility of approximately 3,200 lbs of Xylene (the release). In a 24 hour time period, the release of xylene exceeded 100 lbs. During the release, approximately 3,200 lbs. spilled, leaked, discharged, or escaped into the land surface, strata, ambient air, water and/or land. The release is a ?release? as that term is defined under Section 329(8) of EPCRA, 42 USC 9601(22). The release is a ?release? as that term is defined under Section 329(8) of EPCRA 42 USC 11049(8). The release was likely to affect OHIO. The release was likely to affect Cuyahoga County, Ohio. Respondent notified the NRC of the release on November 18, 2013 at 8:19pm. Respondent did not immediately notify the NRC as soon as Respondent had knowledge of the release. Respondent?s failure to immediately notify the NRC of the release is a violation of Section 103(a) of CERCLA, 42 USC 9603(a). Respondent did not immediately notify the SERC after Respondent had knowledge of the release. Respondent?s failure to immediately notify the SERC of the release is a violation of Section 304(a) of EPCRA, 42 USC 11004(a).

Defendants (1)

• PPG Industries OHNamed in complaintNamed in settlement

Facilities (1)

• PPG INDUSTRIES OHIO INC

  3800 WEST 143TH STREET, CLEVELAND, OH, 44111

  Registry ID: 110017432811

Statutes cited

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

Enforcement conclusions (1)

• PPG Industries OHentered 2014-11-04

  Primary law: CERCLA

  Federal penalty: $72,788

Timeline (6 milestones)

• 2014-11-04Pipeline Closed
• 2014-11-04Compliance Achieved
• 2014-11-04Final Order Issued
• 2014-11-04Complaint Filed/Proposed Order
• 2014-11-04Enforcement Action Closed
• 2014-11-13Enforcement Action Data Entered