EPA v. Rhodia/McIntyre

Case summary

Rhodia Inc. (Rhodia) acquired the former McIntyre Group facility located at 24601 Governors Highway, University Park, Illinois on February 27, 2009. On October 30, 2009, Rhodia requested an audit agreement and submitted its plan to conduct comprehensive multimedia compliance assessments of the McIntyre facility. In the course of its review of its multimedia compliance assessments, Rhodia identified potential violations of EPCRA, CAA, CWA, RCRA, and TSCA. Because Rhodia’s disclosure came in under the “Interim Approach to Applying the Audit Policy to New Owners,” 73 Fed. Reg. 44,991 (Aug. 1, 2008) (Interim Approach), and it met the Policy conditions, we applied the penalty mitigation of the Interim Approach. Becasue the Economic Beneifit on Noncompliance was deemmed insignificant, no penalties for economic benefit were assessed.

Defendants (1)

• Rhodia Inc.Named in complaintNamed in settlement

Facilities (2)

• SOLVAY - UNIVERSITY PARK FACILITY

  24601 GOVERNORS HWY, UNIVERSITY PARK, IL, 60484

  Registry ID: 110000433175

• MCINTYRE GROUP, INC.

  24601 GOVENORS HIGHWAYS, UNIVERSITY PARK, IL, 60466-4127

  Registry ID: 110046311969

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• CWA 311J — SPCC and/or Federal Response Plan Violations
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• TSCA 8E — Failure To Comply With Substance Risk
• TSCA 13 — Entry into Customs Territory of the U.S.
• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• TSCA 5A/5B — Failure To Comply With Significant New Use Rules and Pre-manufacture Notice
• TSCA 12 — Exports
• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)
• TSCA 8B — Failure To Comply With Invention Update Rule

Enforcement conclusions (1)

• Rhodia/McIntyreentered 2012-05-14

  Primary law: TSCA

Timeline (2 milestones)

• 2012-05-14Final Order Issued
• 2012-05-15Enforcement Action Data Entered