EPA v. CPS CHEMICAL COMPANY, INC. (CIBA SPECIALTY CHEMICALS)

Case summary

1. VOLUNTARY DISCLOSURE PURSUANT TO THE EPA'S POLICY GUID- ANCE, INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLO- SURE, CORRECTION AND PREVENTION OF VIOLATION. 2. CPS CHEMICAL COMPANY, INC. (CIBA SPECIALTY CHEMICALS) 100 BRIDGEPORT ROAD WEST MEMPHIS, CRITTENDEN COUNTY, ARKANSAS 72301 3. RESPONDENT, UNDER THE SELF-POLICING POLICY, VOLUNTARILY DISCLOSED A VIOLATION OF SECTION 313 OF EPCRA DISCOVERED DURING AN INTERNAL AUDIT OF ITS WEST MEMPHIS FACILITY. THE RESPONDENT DISCLOSED THAT IT HAD UNDERREPORTED THREE CHEMICALS IN THEIR PREVIOUS TRI FILINGS. 4. RELIEF SOUGHT PURSUANT TO THE SELF-POLICING POLICY, EPA WILL MAKE A FINAL DETERMINATION IF RESPONDENT QUALIFIES FOR THE SVOLUNTARY DISCLOSURE POLICY, AFTER A REVIEW OF THE RESPONDENT'S DISCOVERY, PROMPT DISCLOSURE, CORRECTION AND PREVENTION OF RECURRENCE, AND THE RESPONDENT'S CO- OPERATION, AND IF EPA SHOULD SEEK GRAVITY-BASED PENALTIES OR NOT.

Defendants (1)

• CPS CHEMICAL COMPANY, INC.Named in complaintNamed in settlement

Facilities (2)

• CIBA SPECIALITY CHEMICALS

  100 BRIDGEPORT RD., WEST MEMPHIS, AR, 723016413

  Registry ID: 110000452082

• CIBA SPECIALITY CHEMICALS

  100 BRIDGEPORT RD., WEST MEMPHIS, AR, 723016413

  Registry ID: 110000452082

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• CPS CHEMICAL COMPANY, INC.entered 1999-01-12

  Primary law: EPCRA

Timeline (4 milestones)

• 1998-09-04Complaint Filed/Proposed Order
• 1998-09-10Enforcement Action Data Entered
• 1999-01-12Enforcement Action Closed
• 1999-01-12Final Order Issued