2/7/12 - CONSENT AGMT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $5,753 FOR THE CERCLA VIOLATION AND $5,752 FOR THE EPCRA VIOLATION. PENALTY DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON DEC 14, 2010, RESPONDENT HAD A RELEASE OF BUTADIENE 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) - EPA ALLEGES THAT THE RELEASE RESULTED IN THE POTENTIAL FOR EXPOSURE TO PERSONS BEYOND THE SITE OR SITES ON WHICH THE FACILITY IS LOCATED BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF BUTADIENE IN AN AMOUNT EQUAL TO OR GREATER THAN THE TQ AT RESPONDENT'S FACILITY.
EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA 103(a) AND THE APPLICABLE CERCLA REGS BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF BUTADIENE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY.