EPA v. WITCO CORPORATION

Case summary

1. VOLUNTARY DISCLOSURE PURSUANT TO THE EPA'S POLICY GUID- ANCE, INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLOS- URE, CORRECTION AND PREVENTION OF VIOLATION . 2. WITCO CORPORATION 471 HIGHWAY 3142 TAFT, SAINT CHARLES PARISH, LOUISIANA 70057 3. RESPONDENT, PURSUANT TO THE SELF-POLICING POLICY, VOLUN- TARILY DISCLOSES VIOLATIONS OF EPCRA 313, CAA 110 AND CERCLA 103A. THE RESPONDENT DISCLOSED THAT ONE OF THE OP- ERATING UNITS AT THE PLANT THAT MANUFACTURES M-TOLUIC ACID MAY HAVE BEEN RELEASING TO THE AIR M-XYLENE IN EX- CESS OF ITS PERMIT LIMIT AND MAY HAVE BEEN EMITTING OTHER AIR POLLUTANTS ABSENT A PERMIT FOR SUCH EMISSIONS. ALSO THERE MAY BE SOME UNPERMITTED SOURCES OF AIR EMISSIONS FROM THAT UNIT. IT ALSO APPEARS THE PLANT MAY HAVE 1) UN- DER REPORTED EMISSIONS OF M-XYLENE AND OTHER POLLUTANTS FROM THE UNIT IN SOME OF ITS TOXIC RELEASE INVENTORY (TRI) REPORTS AND 2) FAILED TO REPORT UNPERMITTED RE- LEASES OF M-XYLENE AND OTHER SUBSTANCES IN EXCESS OF THE CERCLA REPORTABLE QUANTITIES. 4. RELIEF SOUGHT PURSUANT TO THE SELF-POLICING POLICY, EPA WILL MAKE A FINAL DETERMINATION ON WHETHER TO SEEK GRAV- ITY-BASED PENALTIES OR NOT AFTER A REVIEW OF THE RESPOND- ENT'S DISCOVERY, PROMPT AND VOLUNTARY DISCLOSURE, CORREC- TION AND PREVENTION OF VIOLATION.

Defendants (1)

• WITCO CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• CROMPTON CORPORATION

  471 HIGHWAY 3142, KILLONA, LA, 700660310

  Registry ID: 110000602465

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• WITCO CORPORATIONentered 1999-03-08

  Primary law: CAA

Timeline (4 milestones)

• 1998-03-18Complaint Filed/Proposed Order
• 1998-04-02Enforcement Action Data Entered
• 1999-03-08Enforcement Action Closed
• 1999-03-08Final Order Issued