EPA v. UNION CARBIDE 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. UNION CARBIDE CORPORATION P.O. BOX 471 TEXAS CITY, GALVESTON COUNTY, TEXAS 77592-0471 3. RESPONDENT, UNDER THE SELF-POLICING POLICY, DISCLOSED A VIOLATION OF THE RELEASE REPORTING PROVISIONS OF CERCLA 103A AND EPCRA 312, TOXIC RELEASE INVENTORY REPORTING UNDER EPCRA 313, AND THE NESHAP REGULATIONS UNDER SECTION 112 OF THE CAA FOR A RELEASE TO THE AIR FROM A MOTOR VALVE IN THE ETHANOL UNIT AT UNION CARBIDE. 4. RELIEF SOUGHT PURSUANT TO THE SELF-POLICING POLICY, EPA WILL REVIEW THE RESPONDENT'S DISCLOSURE, CORRECTION AND PREVENTION OF VIOLATION, AND PAST COMPLIANCE HISTORY, AND MAKE A DETERMINATION AS TO THE RESPONDENT'S QUALIFICATION TO THE SELF-POLICING POLICY AND IF EPA WILL SEEK GRAVITY- BASED PENALTIES OR NOT.

Defendants (1)

• UNION CARBIDE CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• UNION CARBIDE CORPORATION TEXAS CITY PLANT

  3301 5TH AVENUE SOUTH, TEXAS CITY, TX, 77590

  Registry ID: 110000505524

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• CAA 112 — Hazardous Air Pollutants
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

• Union Carbide determinationentered 2003-04-15

  Primary law: CERCLA

Timeline (4 milestones)

• 2000-10-31Complaint Filed/Proposed Order
• 2000-12-04Enforcement Action Data Entered
• 2003-04-15Final Order Issued
• 2003-04-15Enforcement Action Closed