EPA v. Emerald Performance Materials LLC (Akron OH) CERCLA 309 EPCRA 325

Case summary

Respondent failed to report the release of 1,3-butadiene to the National Response Center in a timely fashion, having knowledge on July 14, 2013 at 6:45 a.m., but did not notify the NRC immediately, and Respondent failed to report the release to the SERC, and Respondent failed to report the release to the LEPC. On May 18, 2016, U.S. EPA filed a Consent Agreement and Final Order (CAFO) with Emerald Performance Materials (Emerald) of Akron, Ohio to commence and conclude an action alleging violations of multiple statutes, including the Resource Conservation and Recovery Act (RCRA). During a multimedia inspection in July 2013, Emerald was found to have failed to meet the conditions for a hazardous waste permit exemption under RCRA. The exemption conditions Emerald failed to meet include 1) failure to tag equipment in light liquid service per the air emission requirements of Subpart BB of 40 CFR 265, 2) failure to conduct monthly leak detection and monitoring for pumps and valves in light liquid service, 3) failure to inspect and conduct leak detection and monitoring for tanks and control devices per the air emission requirements of Subpart CC of 40 CFR 265, 4) failure to prepare and implement a written inspection and leak detection schedule, and 5) failure to prevent non-sudden releases of hazardous waste. Emerald has agreed to pay a civil penalty of $100,000 to resolve the alleged multimedia violations, $69,400 of which will go towards resolving the alleged RCRA violations. The CAFO does not require injunctive relief as the company has instituted inspection and leak detection and monitoring schedules for its Subpart BB and CC equipment, and has cleaned up the releases of hazardous waste on its site.

Defendants (1)

• Emerald Performance Materials, LLC Akron OHNamed in complaintNamed in settlement

Facilities (6)

• EMERALD PERFORMANCE MATERIALS

  240 WEST EMERLING AVENUE, AKRON, OH, 443011600

  Registry ID: 110000389213

• EMERALD POLYMER ADDITIVES, LLC

  240 WEST EMERLING AVENUE, AKRON, OH, 443011600

  Registry ID: 110000389213

• EMERALD POLYMER ADDITIVES, LLC

  240 WEST EMERLING AVENUE, AKRON, OH, 443011600

  Registry ID: 110000389213

• EMERALD PERFORMANCE MATERIALS

  240 WEST EMERLING AVENUE, AKRON, OH, 443011600

  Registry ID: 110000389213

• EMERALD PERFORMANCE MATERIALS

  240 WEST EMERLING AVENUE, AKRON, OH, 443011600

  Registry ID: 110000389213

• EMERALD POLYMER ADDITIVES, LLC

  240 WEST EMERLING AVENUE, AKRON, OH, 443011600

  Registry ID: 110000389213

Statutes cited

• EPCRA 304 — Emergency Release Notification Section 313 Program
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

• Emerald Performance Materials LLC (Akron OH) CERCLA 309 EPCRA 325entered 2016-05-18

  Primary law: CERCLA

  Federal penalty: $100,000

Timeline (4 milestones)

• 2016-05-18Complaint Filed/Proposed Order
• 2016-05-18Final Order Issued
• 2016-05-23Enforcement Action Data Entered
• 2016-09-27Enforcement Action Closed