Solvay Specialty Polymers USA, L.L.C. (Board decision, April 11, 2024)
In re Solvay Specialty Polymers USA, L.L.C. (EAB EPCRA Appeal No. 24-01C): toxic chemical reporting settlement approved
Decision type
Board decision
Docket
EPCRA 24-01C
Decided
April 11, 2024
Outcome
Settled
Precedential status
Citable Board precedent
Checked against source
2026-08-21
Official source
Apply this precedent to your situation
This is citable Board precedent from 2024, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.
Final EAB decision
This Environmental Appeals Board Final Order is a final disposition of the enforcement proceeding. The Board ratified the Consent Agreement, ordered Solvay Specialty Polymers USA, L.L.C. to comply with its terms, and approved a $163,650 civil penalty. The full text below is the official EPA release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official EPA EAB release. The full text is the agency's own release.
Read the official release (epa.gov)
Plain-English summary
Solvay Specialty Polymers USA, L.L.C. operated a facility in West Deptford, New Jersey. EPA alleged that the company failed to timely report nitric acid and nitrate compounds, and submitted significantly inaccurate quantities for hydrochloric acid aerosols and 1-chloro-1,1-difluoroethane, also known as HCFC-142b, on its EPCRA Toxic Release Inventory Forms R. The allegations covered reporting years from 2018 through 2022. The Consent Agreement resolved the matter and approved a $163,650 civil penalty.
Decision snapshot
- Cited authorities: EPCRA Section 313 and implementing regulations in 40 C.F.R. parts 13, 19, 22, and 372
- Outcome: The Consent Agreement was ratified, Solvay was ordered to comply with its terms, and a $163,650 civil penalty was approved.
- Key point: Facilities subject to EPCRA Section 313 must submit complete and accurate Form R reports by the applicable deadlines.
Full text (EPA EAB public release)
F I L E D
Apr 11, 2024
Clerk, Environmental Appeals Board
INITIALS ________________________
ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.
)
)
In re Solvay Specialty Polymers USA, Docket No. EPCRA-HQ-2023-5010
)
L.L.C. )
)
)
)
FINAL ORDER
Pursuant to 40 C.F.R. § 22.18(b)-(c) of EPA’s Consolidated Rules of Practice, the
attached Consent Agreement resolving this matter is incorporated by reference into this Final
Order and is hereby ratified.
The Respondent is ORDERED to comply with all terms of the Consent Agreement,
effective immediately.
So ordered.1
ENVIRONMENTAL APPEALS BOARD
Dated: April 11, 2024 ________
Mary Kay Lynch
Environmental Appeals Judge
1
The three-member panel ratifying this matter is composed of Environmental Appeals
Judges Aaron P. Avila, Wendy L. Blake, and Mary Kay Lynch.
DocuSign Envelope ID: 064443A1-CFDF-4936-AA4C-8D6C8235BCDF
BEFORE THE ENVIRONMENTAL APPEALS BOARD OF THE UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY, WASHINGTON, D.C.
______________________________
)
IN THE MATTER OF: )
)
Solvay Specialty Polymers ) Docket No. EPCRA-HQ-2023-5010
USA, L.L.C. )
10 Leonard Ln )
West Deptford, NJ, 08086-2150 )
Respondent )
)
______________________________)
CONSENT AGREEMENT AND FINAL ORDER
The U.S. Environmental Protection Agency (“EPA”) through the Director of the
Waste and Chemical Enforcement Division of the Office of Civil Enforcement in the Office of
Enforcement and Compliance Assurance in EPA (the “Complainant”), and Respondent, Solvay
Specialty Polymers USA, L.L.C. (hereinafter “Respondent”) (EPA and Solvay Specialty Polymers
USA, L.L.C. are collectively, the “Parties”), hereby enter into this Consent Agreement for
subsequent ratification by the Environmental Appeals Board (“EAB”) through an executed Final
Order (the Consent Agreement and Final Order are collectively referred to as the “CAFO”) to
resolve alleged violations of the Emergency Planning and Community Right-to-Know Act
(“EPCRA”), 42 U.S.C. §§ 11001 – 11050. Complainant has been delegated authority to execute
this Consent Agreement on behalf of EPA. This administrative proceeding is being simultaneously
commenced and concluded by the CAFO, before the filing of a complaint, pursuant to 40 C.F.R. §§
22.18(b)(2), 22.13(b), and 22.18(b)(3) of the “Consolidated Rules of Practice Governing the
Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of
Permits” (the “Consolidated Rules”). EPA, through Complainant, hereby alleges the following
factual recitations and conclusions of law, and Respondent neither admits nor denies such factual
recitations and conclusions of law except to the extent otherwise expressly provided herein.
I. PRELIMINARY STATEMENT
1. This proceeding is an administrative action for the assessment of civil penalties instituted
pursuant to Section 325(c) of the EPCRA, 42 U.S.C. §§ 11045(c) and Section 325(f) of
EPCRA, 42 U.S.C. § 11045(f).
2. To avoid the disruption of orderly business activities and the expense of litigation and to
affect an expeditious settlement of this matter, Respondent, for purposes of this proceeding
only and as provided by 40 C.F.R. § 22.18(b)(2), agrees as follows:
DocuSign Envelope ID: 064443A1-CFDF-4936-AA4C-8D6C8235BCDF
a. Respondent admits that EPA has jurisdiction over the subject matter of this
Consent Agreement and over the Respondent and waives any defenses it might
have as to jurisdiction. Respondent agrees not to contest EPA’s jurisdiction to
enter into this Consent Agreement, Complainant’s delegated authority to execute
this Consent Agreement, EPA’s authority to enforce the terms of this Consent
Agreement through the executed Final Order, or the jurisdiction of the EAB to
enter and ratify the Consent Agreement through the Final Order.
b. Respondent consents to the assessment of the full amount of the civil penalty as
provided for in Paragraph 51, below, and agrees to make payment in accordance
with Paragraph 52.
c. Respondent consents to all conditions specified in this Consent Agreement.
d. Respondent waives any right it might have to contest through a judicial or
administrative hearing the factual allegations and violations of law as alleged
below; and
e. Respondent waives the rights it might have to obtain judicial or administrative
review of the Final Order accompanying this Consent Agreement under any
otherwise applicable law.
II. EPA’s BACKGROUND FINDINGS OF FACT AND LAW
3. Respondent is Solvay Specialty Polymers USA, L.L.C., a corporation formed in the state of
Delaware and authorized to conduct business in the states of New Jersey, Georgia, and
Texas among other states.
4. Respondent owns, controls and/or operates a facility in West Deptford, New Jersey (and has
done so for the periods set forth below). The address of the West Deptford facility is 10
Leonard Lane, West Deptford, New Jersey 08086.
5. This CAFO asserts that Respondent has violated Section 313 of EPCRA, 42 U.S.C. §
11023, and 40 C.F.R. § 372.30, which impose annual toxic inventory reporting requirements
on owners or operators of facilities that manufacture, process or otherwise use toxic
chemicals listed under EPCRA Section 313(c), 42 U.S.C. § 11023(c), in quantities
exceeding a regulatory threshold established under Section 313(f) of EPCRA, 42 U.S.C. §
11023(f).
6. On September 7-8, 2022, EPA representatives conducted an inspection of the West
Deptford, New Jersey facility to ascertain Respondent’s compliance with the requirements
of Section 313 of EPCRA, 42 U.S.C. § 11023 and 40 C.F.R. Part 372.
7. EPA’s findings of fact set forth below are based upon the information EPA learned during
the inspection (including through a review of documents) and through follow-up
investigative efforts.
DocuSign Envelope ID: 064443A1-CFDF-4936-AA4C-8D6C8235BCDF
8. Section 313(a) of EPCRA, 42 U.S.C. § 11023(a), and the implementing regulations found at
40 C.F.R. Part 372, require the owner or operator of a "covered facility” to complete and
submit a toxic chemical release inventory form (Form R) for each relevant chemical to the
EPA Administrator and the State in which the subject facility is located by July 1 for the
preceding calendar year.
9. A “covered facility” is one meeting the following criteria in sections 313(a) and (b) of
EPCRA, 42 U.S.C. §§ 11023(a) and (b), and 40 C.F.R. §§ 372.22 and 372.30:
a. Ten or more full-time employees;
b. In Standard Industrial Classification (SIC) Codes 20 through 39; and
c. Manufactured, processed, or otherwise used one or more toxic chemicals, listed
under Section 313(f) of EPCRA and 40 C.F.R. §§ 372.28 and 372.65, above their
reporting threshold.
10. Pursuant to sections 313 and 328 of EPCRA, 42 U.S.C. §§ 11023 and 11048, EPA
promulgated regulations setting forth requirements for the submission of information
relating to the release of toxic chemicals under Section 313. These regulations, as amended,
are presently codified at 40 C.F.R. Part 372.
11. “Person” as defined by EPCRA section 329(7), 42 U.S.C. § 11049(7), means any individual,
trust, firm, joint stock company, corporation (including a government corporation),
partnership, association, state, municipality, commission, political subdivision of a state, or
interstate body.
12. “Facility” as defined by 40 C.F.R. § 372.3 means all buildings, equipment, structures, and
other stationary items which are located on a single site or on contiguous or adjacent sites
and which are owned or operated by the same person (or by any person which controls, is
controlled by, or under common control with such person). A facility may contain more than
one establishment.
13. “Full-time employee” as defined by 40 C.F.R. § 372.3 means 2,000 hours per year of full-
time equivalent employment. A facility would calculate the number of full-time employees
by totaling the hours worked during the calendar year by all employees, including contract
employees, and dividing that total by 2,000 hours.
14. “Toxic chemical” as defined by 40 C.F.R. § 372.3 means a chemical or chemical category
listed in § 372.65.
15. "Process" as defined by 40 C.F.R. § 372.3, means the preparation of a toxic chemical, after
its manufacture, for distribution in commerce: (1) in the same form or physical state as, or in
a different form or physical state from, that in which it was received by the person so
preparing the substance, or (2) as part of an article containing the toxic chemical. Process
also applies to the processing of a toxic chemical contained in a mixture or trade name
product.
16. “Manufacture” as defined by 40 C.F.R. § 372.3, means to produce, prepare, import, or
DocuSign Envelope ID: 064443A1-CFDF-4936-AA4C-8D6C8235BCDF
compound a toxic chemical. Manufacture also applies to a toxic chemical that is produced
coincidentally during the manufacture, processing, use, or disposal of another chemical or
mixture of chemicals, including a toxic chemical that is separated from that other chemical
or mixture of chemicals as a byproduct, and a toxic chemical that remains in that other
chemical or mixture of chemicals as an impurity.
17. “Otherwise use” as defined by 40 C.F.R. § 372.3, means any use of a toxic chemical,
including a toxic chemical contained in a mixture or other trade name product or waste, that
is not covered by the terms “manufacture” or “process.” Otherwise use of a toxic chemical
does not include disposal, stabilization (without subsequent distribution in commerce), or
treatment for destruction unless: (1) the toxic chemical that was disposed, stabilized, or
treated for destruction was received from off-site for the purposes of further waste
management; or (2) the toxic chemical that was disposed, stabilized, or treated for
destruction was manufactured as a result of waste management activities on materials
received from off-site for the purposes of further waste management activities. Relabeling
or redistributing of the toxic chemical where no repackaging of the toxic chemical occurs
does not constitute otherwise use or processing of the toxic chemical.
18. Pursuant to Section 313(f) of EPCRA, 42 U.S.C. § 11023(f) and 40 C.F.R. § 372.25, with
respect to a toxic chemical manufactured or processed, the toxic chemical reporting
threshold for the reporting form to be submitted on or before July of the succeeding year is
25,000 pounds of the toxic chemical per year.
19. Pursuant to Section 313(f) of EPCRA, 42 U.S.C. § 11023(f) and 40 C.F.R. § 372.25, with
respect to a toxic chemical otherwise used, the toxic chemical reporting threshold for the
reporting form to be submitted on or before July of the succeeding year is 10,000 pounds of
the toxic chemical per year.
20. Pursuant to Section 313(g) of EPCRA, 42 U.S.C. § 11023(g), EPA published a uniform
Toxic Chemical Release Inventory Form (hereinafter referred to as a "Form R") for facilities
that are subject to the reporting requirements of Section 313.
21. Sections 313(a) and (b) of EPCRA, 42 U.S.C. § § 11023(a) and (b), and 40 C.F.R. §§
372.30(d) and 372.27(d) provide that a complete and accurate reporting form for activities
involving a toxic chemical that occurred during a calendar year must be submitted on or
before July 1 of the next year.
22. Section 325(c) of EPCRA, 42 U.S.C. § 11045(c), authorizes EPA to assess a civil penalty of
up to $25,000 per day for each violation of Section 313 and its implementing regulations.
The Debt Collection Improvement Act of 1996, 31 U.S.C. § 3701, as amended, and the
Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, 28 U.S.C. §
2461, and implementing regulations at 40 C.F.R. Part 19, increased these statutory
maximum penalties to $67,544 per day per violation for violations that occurred after
November 2, 2015, where penalties are assessed on or after January 6, 2023.
DocuSign Envelope ID: 064443A1-CFDF-4936-AA4C-8D6C8235BCDF
III. EPCRA SECTION 313 VIOLATIONS
23. Complainant hereby states and alleges that Respondent has violated Section 313 of EPCRA
and federal regulations promulgated thereunder as follows.
24. At all times relevant to this matter, Respondent owned and operated, and continues to own
and operate, a facility, as that term is defined in Section 329(4) of EPCRA, 42 U.S.C. §
11049(4) and 40 CFR § 372.3, located at 10 Leonard Lane, Thorofare, NJ 08086 hereinafter
referred to as the Facility.
25. At all times relevant to this matter, the Facility had 10 or more full-time employees, as that
term is defined at 40 C.F.R. § 372.3.
26. At all times relevant to this matter, the Facility was in the North American Industry
Classification System (NAICS) 325211, which is a listed SIC/NAICS code in 40 C.F.R. §
372.23.
27. Nitric Acid, Nitrate Compounds, Hydrochloric Acid Aerosols, and 1-Chloro-1,1-
difluoroethane (HCFC-142b) are “toxic chemicals” listed under 40 C.F.R § 372.65.
28. The threshold for reporting “otherwise used” nitric acid at the Facility is 10,000 pounds, as
established under Section 313(f) of EPCRA, 42 U.S.C. § 11023(f), and 40 C.F.R § 372.25.
29. The threshold for reporting “manufactured” nitrate compounds, hydrochloric acid aerosols
and 1-Chloro-1,1-difluoroethane (HCFC-142b) at the Facility is 25,000 pounds, as
established under Section 313(f) of EPCRA, 42 U.S.C. § 11023(f), and 40 C.F.R § 372.25.
30. During the reporting years 2020 and 2021, Respondent “otherwise used,” as that term is
defined in 40 C.F.R. § 372.3, over 10,000 pounds of nitric acid at the Facility.
31. During the reporting years 2020 and 2021, Respondent “manufactured” as that term is
defined in 40 C.F.R. § 372.3, over 25,000 pounds of nitrate compounds, hydrochloric acid
aerosols and 1-Chloro-1,1-difluoroethane (HCFC-142b) at the Facility.
32. EPA inspected the Facility on September 7-8, 2022, and requested the records related to the
Respondent’s submissions of the 2018, 2019, 2020, and 2021 reporting years TRI Forms R
for nitric acid, nitrate compounds, hydrochloric acid aerosols and 1-Chloro-1,1-
difluoroethane (HCFC-142b).
Counts 1-2
33. Paragraphs 23-32 are incorporated here by reference.
34. For the years 2020 and 2021, the Facility was a “covered facility” with respect to nitric acid
because it met the criteria in sections 313(a) and (b) of EPCRA, 42 U.S.C. §§ 11023(a) and
(b), and 40 C.F.R. §§ 372.22 and 372.30 as follows:
DocuSign Envelope ID: 064443A1-CFDF-4936-AA4C-8D6C8235BCDF
a. The Facility had 10 or more employees during 2020 and 2021;
b. The Facility was in a Standard Industrial Classification (SIC) Codes falling in
classifications 20 through 39 (specifically 325211); and
c. Nitric acid, a toxic chemical listed in 40 C.F.R. § 372.65, was “otherwise used” at
the Facility in amounts greater than 10,000 pounds, the relevant threshold given in
40 C.F.R § 372.25.
35. As the owner operator of a “covered facility” with respect to nitric acid in 2020 and 2021,
Respondent was required by section 313(a) of EPCRA, 42 U.S.C. § 11023(a) to submit to
EPA and to the State of New Jersey a complete and correct Form R for nitric acid otherwise
used at the Facility in calendar year 2020 by July 1, 2021, and calendar year 2021 by July 1,
2022.
36. Respondent failed to submit the required Form Rs until September 27, 2022.
37. Respondent’s failure to timely report nitric acid as set forth above is a violation of section
313(a) of EPCRA, 42 U.S.C. § 11023(a).
Counts 3-4
38. Paragraphs 34 and 35 are realleged as if fully set forth herein.
39. As the owner operator of a “covered facility” with respect to nitrate compounds, a toxic
chemical listed in 40 C.F.R. § 372.65, in 2021 and 2022, Respondent was required to submit
to EPA and to the State of New Jersey a complete and correct Form R for nitrate compounds
manufactured at the Facility in calendar year 2020 by July 1, 2021, and calendar year 2021
by July 1, 2022.
40. Respondent manufactured nitrate compounds; a toxic chemical listed in 40 C.F.R. § 372.65
in amounts greater than 25,000 pounds in 2020 and 2021.
41. Respondent failed to submit the required Form Rs until September 27, 2022.
42. Respondent’s failure to timely report nitrate compounds as set forth above subjects
Respondent to liability to the United States for civil penalties pursuant to Sections 325(c)(1)
and 325(c)(3) of ECPRA 42 U.S.C. §§ 11045(c)(1) and 11045(c)(3), respectively.
Counts 5-8
43. Paragraphs 34 and 35 are realleged as if fully set forth herein.
44. As the owner operator of a “covered facility” with respect to Hydrochloric Acid Aerosols, a
toxic chemical listed in 40 C.F.R. § 372.65, in 2018, 2019, 2020, and 2021 Respondent was
required to submit to EPA and to the State of New Jersey a complete and correct Form R for
quantities treated on-site for Hydrochloric Acid Aerosols at the Facility in calendar years
2018 by Jul 1, 2019, calendar year 2019 by July 1, 2020, calendar year 2020 by July 1, 2021
and calendar year 2021 by July 1, 2022.
DocuSign Envelope ID: 064443A1-CFDF-4936-AA4C-8D6C8235BCDF
45. Respondent treated on-site Hydrochloric Acid Aerosols, a toxic chemical listed in 40 C.F.R.
§ 372.65, in 2019, 2020, 2021, and 2022 in amounts greater than 25,000 lbs.
46. Respondent timely filed Form R for Hydrochloric Acid Aerosols for reporting year 2018 on
June 19, 2019. However, Section 8.6, Quantity Treated On-Site, in Form R reflects
significantly inaccurate quantities for the chemical treated on-site.
47. Respondent timely filed Form R for Hydrochloric Acid Aerosols for reporting year 2019 on
July 1, 2020. However, Section 8.6, Quantity Treated On-Site, in Form R reflects
significantly inaccurate quantities for the chemical treated on-site.
48. Respondent timely filed Form R for Hydrochloric Acid Aerosols for reporting year 2020 on
July 1, 2021. However, Section 8.6, Quantity Treated On-Site, in Form R reflects
significantly inaccurate quantities for the chemical treated on-site.
49. Respondent timely filed Form R for Hydrochloric Acid Aerosols for reporting year 2021 on
July 1, 2022. However, Section 8.6, Quantity Treated On-Site, in Form R reflects
significantly inaccurate quantities for the chemical treated on-site.
50. Respondent’s failure to completely and accurately report quantities treated on-site for
Hydrochloric Acid Aerosols for reporting years 2018, 2019, 2020 and 2021 set forth above,
subjects Respondent to liability to the United States for civil penalties for significant data
quality violations pursuant to Sections 325(c)(1) and 325(c)(3) of ECPRA 42 U.S.C. §§
11045(c)(1) and 11045(c)(3), respectively.
Count 9
51. Paragraphs 34 and 35 realleged as if fully set forth herein.
52. As the owner operator of a “covered facility” with respect to 1-Chloro-1,1-difluoroethane
(HCFC-142b), a toxic chemical listed in 40 C.F.R. § 372.65, in 2022 Respondent was
required to submit to EPA and to the State of New Jersey a complete and correct Form R for
1-Chloro-1,1-difluoroethane (HCFC-142b), manufactured at the Facility in calendar year
2021 by July 1, 2022.
53. Respondent treated on-site Hydrochloric Acid Aerosols, a toxic chemical listed in 40 C.F.R.
§ 372.65, in 2021 in amounts greater than 25,000 lbs.
54. Respondent timely filed Form R for 1-Chloro-1,1-difluoroethane (HCFC-142b) for
reporting year 2021 on July 1, 2022. However, Section 8.6, Quantity Treated On-Site, in
Form R reflects significantly inaccurate quantities for the chemical treated on-site.
55. Respondent’s failure to completely and accurately report quantities treated on-site for 1-
Chloro-1,1-difluoroethane (HCFC-142b) for reporting year 2021 as set forth above, subjects
Respondent to liability to the United States for civil penalties pursuant to Sections 325(c)(1)
and 325(c)(3) of ECPRA 42 U.S.C. §§ 11045(c)(1) and 11045(c)(3), respectively.
DocuSign Envelope ID: 064443A1-CFDF-4936-AA4C-8D6C8235BCDF
IV. CIVIL PENALTY
56. Pursuant to Section 325(c)(1) of EPCRA, 42 U.S.C. § 11045(c)(1), and consistent with
Section 325(b)(1) of EPCRA, 42 U.S.C. § 11045(b)(1), Respondent agrees to pay a civil
penalty in the amount of ONE HUNDRED SIXTY-THREE THOUSAND SIX HUNDRED
FIFTY DOLLARS ($163,650) for the alleged violations identified herein.
57. Respondent shall pay the civil penalty set forth in Paragraph 51, above, within thirty (30)
calendar days after the effective date of the Final Order accompanying this Consent
Agreement. The civil penalty shall be made using one of the three methods set forth below.
a. A cashier’s or certified check made payable to the order of the “Treasurer of the
United States of America,” and bearing the Civil Penalty Docket No. EPCRA-HQ-
2023-5010 shall be sent to the following address:
U.S. Environmental Protection Agency
Fines and Penalties
Docket No. EPCRA-HQ-2023-5010
Cincinnati Finance Center
P.O. Box 979078
St. Louis, MO 63197-9000
OR
b. An electronic payment shall be made via Fedwire with a notation of “Solvay
Specialty Polymers Civil Penalty Docket No. EPCRA-HQ-2023-5010” by using the
following instructions:
Federal Reserve Bank of New York
ABA -021030004
Account - 68010727
SWIFT address - FRNYUS33
33 Liberty Street
New York, NY 10045
Field Tag 4200 of the Fedwire message should read:
“D 68010727 Environmental Protection Agency”
OR
c. If Respondent choose to make on-line payments, Respondent shall go to
ww.pay.gov and enter SFO 1.1 in the search field on the tool pbar on the Home
Page; select Continue under “EPA Miscellaneous Payments – Cincinnati Finance
Center;” open the form and complete the required fields.
58. A copy of the check or other information confirming payment shall simultaneously be sent
to Alexander DerGarabedian at [email protected] and to the following:
EAB Hearing Clerk (1103M)
DocuSign Envelope ID: 064443A1-CFDF-4936-AA4C-8D6C8235BCDF
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW
Washington, DC 20460
59. Respondent understands that its failure to timely pay any portion of the civil penalty may
result in the commencement of a civil action in Federal District Court to recover the full
remaining balance, along with penalties and accumulated interest. In such case, interest shall
begin to accrue on a civil or stipulated penalty from the date of delinquency until such civil
or stipulated penalty and any accrued interest are paid in full. 31 C.F.R. § 901.9(b)(1).
Interest will be assessed at a rate of the United States Treasury Tax and loan rates in
accordance with 31 U.S.C. § 3717. Additionally, a charge will be assessed to cover the costs
of debt collection including processing and handling costs, and a non-payment penalty
charge of six percent (6%) per year compounded annually will be assessed on any portion of
the debt which remains delinquent more than ninety (90) days after payment is due. 31
U.S.C. § 3717(e)(2).
60. The penalty specified herein shall represent civil penalties assessed by EPA and shall not be
deductible for purposes of federal, state, and local taxes.
V. GENERAL MATTERS
61. By signing this Consent Agreement, the undersigned representative of Respondent certifies
that it is fully authorized to execute and enter into the terms and conditions of this Consent
Agreement and has the legal capacity to bind the party it represents to this Consent
Agreement.
62. Respondent certifies by the signing of this Consent Agreement that it is presently in
compliance with all requirements of Section 313 of EPCRA, 42 U.S.C § 11023.
63. Full payment of the penalty proposed in this Consent Agreement shall not in any case affect
the right of the EPA or the United States to pursue appropriate injunctive or other equitable
relief or criminal sanctions for any violations of law. This Consent Agreement and Final
Order does not waive, extinguish, or otherwise affect Respondent’s obligation to comply
with all applicable provisions of EPCRA and regulations promulgated thereunder.
64. Full payment of the penalty proposed in this Consent Agreement shall only resolve
Respondent’s liability for federal civil penalties for the violations alleged herein.
65. This settlement is conditioned upon the thoroughness and material accuracy of Respondent’s
representations to EPA that EPA relied on to resolve this matter.
66. Complainant reserves the right to enforce the terms and conditions of this Consent
Agreement and Final Order.
67. This Consent Agreement shall not dispose of the proceeding without a final order from the
Environmental Appeals Board ratifying the terms of this Consent Agreement. This Consent
Agreement and Final Order shall be effective upon filing of the Final Order by the U.S. EPA
Environmental Appeals Board. Unless otherwise stated, all time periods stated herein shall
DocuSign Envelope ID: 064443A1-CFDF-4936-AA4C-8D6C8235BCDF
be calculated in calendar days from such date.
68. Compliance with the terms of this Consent Agreement shall not be a defense to any
subsequent enforcement action that EPA may commence for any violations of EPCRA
(including their implementing regulations) occurring after the date of the filing of the Final
Order nor for any violations of EPCRA and their implementing regulations that may have
occurred prior to the date that this Consent Agreement is executed by the Parties (except for
the violations expressly referenced in Paragraphs 34-50, above). To the extent not
inconsistent with any of the provisions set forth above, Respondent fully reserves its rights
to contest, challenge and/or defend against any subsequent action(s) taken by EPA against
or involving Respondent.
69. This Consent Agreement shall take full effect upon the signing and filing of the final Order
by the EAB.
70. Failure of Respondent to remit the civil penalty provided herein in accordance with the
provisions set forth will result in this matter being forwarded to the United States
Department of Justice for collection of the amount due, plus interest at the statutory
judgment rate provided in 28 U.S.C. § 1961.
71. The Parties agree to bear their own costs and attorney’s fees.
72. The Parties agree that settlement of this matter is in the public interest and this Consent
Agreement is the most appropriate means of resolving this matter.
73. The EPA and Respondent agree to the use of electronic signatures for this matter pursuant to
40 C.F.R. § 22.6. The EPA and Respondent further agree to electronic service of this
Consent Agreement and Final Order by email to the following:
To EPA: [email protected]
To Respondent: [email protected]
DocuSign Envelope ID: 064443A1-CFDF-4936-AA4C-8D6C8235BCDF
WE HEREBY AGREE TO THIS:
FOR RESPONDENT SOLVAY SPECIALITY POLYMERS USA, L.L.C:
18 March 2024 | 17:53 CET
Date: __________________ ____________________________________
Signature
3HWHU%URZQLQJ
____________________________________
Print Name
3UHVLGHQW
____________________________________
Title
DocuSign Envelope ID: 064443A1-CFDF-4936-AA4C-8D6C8235BCDF
WE HEREBY AGREE TO THIS:
COMPLAINANT:
FOR THE U.S. ENVIRONMENTAL PROTECTION AGENCY:
GREGORY Digitally signed by GREGORY
SULLIVAN
Date: __________________ SULLIVAN
__________________________________
Date: 2024.04.01 13:50:00 -04'00'
Gregory Sullivan
Director
Waste and Chemical Enforcement Division
Office of Civil Enforcement
U.S. EPA
ALEXANDER Digitally signed by ALEXANDER DERGARABEDIAN
DERGARABEDIAN
Date: 2024.04.01 13:10:10 -04'00'
Date: ____________________ __________________________________
Alexander N. DerGarabedian
Attorney-Advisor
Waste and Chemical Enforcement Division
Office of Civil Enforcement
U.S. EPA
CERTIFICATE OF SERVICE
I certify that copies of the foregoing “Consent Agreement” and “Final Order,” in the
matter of Solvay Specialty Polymers USA, L.L.C., Docket No. EPCRA-HQ-2023-5010, were
sent to the following persons in the manner indicated:
By E-mail:
Jeffrey S. Lang
Senior HSE Counsel for Solvay Specialty Polymers USA, L.L.C.
10 Leonard Ln
West Deptford, NJ 08086-2150
Email: [email protected]
Alexander N. DerGarabedian
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW
Mail Code 2249A
Washington, DC 20460
Email: [email protected]
Apr 11, 2024
Dated: ____ ______
Emilio Cortes
Clerk of the Board
Does this precedent still control your case?
Ezel checks whether it still stands, including any court review since, and applies it to your situation with citations.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace