10/19/2011 - CONSENT AGMT AND FINAL ORDER ISSUED. ORDER ASSESSES A CERCLA PENALTY OF $17,268 AND AN EPCRA PENALTY OF $34,537. PENALTY IS DUE WITHIN 30 DAYS.
ALLEGATIONS:
CERCLA 103(a) - ON FEB 11, 2011, RESPONDENT HAD A RELEASE OF CARBONYL SULFIDE ABOVE THE REPORTABLE QUANTITY (RQ) AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS, 40 CFR 302.6, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF CARBONYL SULFIDE IN AN AMOUNT GREATER THAN ITS RQ AT RESPONDENT'S FACILITY.
EPCRA 304(a) - ON FEB 1, 2011, RESPONDENT HAD A RELEASE OF CARBONYL SULFIDE ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT THE RELEASE RESULTED IN THE POTENTIAL FOR EXPOSURE TO PERSONS BEYOND THE SITE OR SITES ON WHICH THE FACILITY IS LOCATED. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA 304(a) AND TEH APPLICABLE EPCRA REGS AT 40 CFR 355, SUBPART C, BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF CARBONYL SULFIDE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.
EPCRA 304(c) - EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA 304(c) BY FAILING TO PROVIDE A WRITTEN FOLLOW-UP EMERGENCY NOTICE TO THE SERC AND LEPC WHEN THERE HAD BEEN A RELEASE OF CARBONYL SULFIDE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.