EPA Fines Violators for Failure to Report Chemical Data

FOR IMMEDIATE RELEASE
July 23, 2012

EPA Fines Violators for Failure to Report Chemical Data

WASHINGTON – The U.S. Environmental Protection Agency (EPA) has issued complaints seeking civil penalties against three companies for alleged violations of the reporting and recordkeeping requirements under the Toxic Substances Control Act (TSCA). The alleged violations involved the companies’ failure to comply with EPA’s TSCA section 8 Inventory Update Reporting (IUR) regulations, which require companies to submit accurate data about the production and use of chemical substances manufactured or imported during a calendar year. Under TSCA, penalties can be assessed up to $37,500 per day, per violation.

Formerly known as the IUR, the TSCA Chemical Data Reporting Rule requires the collection of information about existing chemicals on the market by requiring periodic reports about the production and use of chemicals to help understand the risks they may pose to human health and the environment. The data collected by EPA is the most comprehensive source of information for chemicals currently in commerce in the U.S.

The reporting deadline for the 2006 IUR rule ended in March of 2007. EPA’s enforcement efforts have led to 43 civil enforcement actions and approximately $2.3 million dollars in civil penalties against companies that failed to report required chemical data information. The reporting deadline for the 2012 submission period of the Chemical Data Reporting Rule is August 13, 2012.

The three most recent cases are against Chemtura Corporation, Bethlehem Apparatus Company, and Haldor Topsoe, Inc., and resulted in penalties totaling $362,113.

The Chemtura Corporation is headquartered in Philadelphia, Pa. and has a facility located in El Dorado, Arizona. In a May 31, 2012 complaint, EPA alleged that the facility failed to report two chemicals pursuant to the 2006 IUR rule and assessed a penalty of $55,901. The company corrected the violations, paid the penalty and a final order was issued by the Environmental Appeals Board (EAB) on June 25, 2012.

During an inspection of the Bethlehem Apparatus Company, located in Hellertown, Pa., EPA found that the facility was in violation of the 2006 IUR Rule for one chemical substance. EPA also determined during the inspection that the company had failed to comply with the export notification requirements as required under TSCA section 12(b) and the import certification requirements as required under TSCA section 13 on a number of occasions for the same chemical substance. The company corrected the violations and paid a $103,433 penalty proposed in a May 31, 2012 complaint.

Haldor Topsoe, Inc., headquartered in Houston, Texas, is subject to a TSCA complaint that was filed on June 20, 2012. The complaint alleged that that the company had violated the 2006 IUR rule for 13 chemical substances. The complaint assessed a proposed penalty of $202,779, which the company paid on July 2, 2012.

More information about the settlements and EPA’s TSCA enforcement program: 

http://www.epa.gov/compliance/resources/civil/tsca/tscaiur.html

More information about TSCA reporting requirements: http://www.epa.gov/iur/

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Idaho Frozen Food company pays EPA penalty for chemical reporting violations

Idaho Frozen Food company pays EPA penalty for chemical reporting violations

Contact: Hanady Kader, EPA Public Affairs, 206-553-0454, kader.hanady@epa.gov

Suzanne Powers, EPA Emergency Response Program, 360-753-9475, powers.suzanne@epa.gov

(Seattle — May 7, 2012) Rhodes International, Inc. will pay over $84,000 to settle hazardous chemical reporting violations at its facility in Caldwell, Idaho, according to a consent agreement with the U.S. Environmental Protection Agency.

The Rhodes facility produces frozen cinnamon rolls and other frozen bread products. According to EPA, the facility stored large amounts of anhydrous ammonia without properly reporting it to the Caldwell Fire Department, Canyon County Local Emergency Planning Committee and the State Emergency Response Commission.

“Local emergency planners and responders rely on this information to do their jobs. Its critical information for them to protect the community and themselves when a dangerous chemical release occurs,” said Wally Moon, Preparedness and Prevention Unit Manager from the EPA Emergency Management Program in Seattle.

Anhydrous ammonia is a pungent, toxic gas that attacks skin, eyes, throat, and lungs and can cause serious injury or death.

According to documents, the company failed to file inventory forms with state and local emergency response entities from 2006 through 2009, as required by law.

The failure to report large amounts of anhydrous ammonia to appropriate agencies is a violation of the federal Emergency Planning and Community Right-to-Know Act (EPCRA).

For information on EPA's Emergency Planning and Community Right to Know Act, visit http://www.epa.gov/compliance/civil/epcra/epcraenfstatreq.html

For more about toxic effects of Anhydrous Ammonia (NIOSH GUIDE): http://www.cdc.gov/niosh/npg/npgd0028.html

News Release from EPA

Tuesday, February 21, 2012
Contact: Donna Heron 215-814-5113 / heron.donna@epa.gov

Pennsylvania Company Settles Toxic Chemical Reporting Violations at Nazareth, Pa. Facility

PHILADELPHIA (February 21, 2012) -- The U.S. Environmental Protection Agency today announced that Essroc Cement Corporation has agreed to pay a $82,000 penalty to settle alleged violations of toxic chemical reporting requirements at its manufacturing facility located at 401 West Prospect St., Nazareth, Pa.

According to EPA, Essroc failed to submit three years of required reports on a regulated toxic chemical (lead) which was processed at this facility.

EPA cited the company for violating the Emergency Planning and Community Right-to-Know Act (EPCRA). This law requires companies that manufacture, use or process more than a threshold amount of listed toxic chemicals to file an annual toxic chemical release form with EPA and the state. These reports are used to compile the Toxic Release Inventory (TRI) -- a publicly available EPA database, searchable by zip code, that contains information on toxic chemical releases and waste management activities.

The multi-establishment Nazareth, Pa., plant processes lead as part of the manufacturing process for bulk and packaged cement. Lead and lead compounds are regulated under EPCRA due to the public health effects of ingestion or inhalation of lead, particularly among children, including damage to the nervous system. According to EPA, a June 2011 inspection revealed that Essroc did not submit annual reports for lead for three years (2006 through 2008) when the Nazareth facility processed lead in amounts in excess of 130,000 pounds annually -- significantly exceeding EPCRA’s 100 pound reporting threshold. (This settlement involves alleged reporting violations, not unlawful releases of toxic chemicals.)

The settlement penalty reflects the company's cooperation with EPA in resolving the alleged violations, and its compliance efforts. As part of the settlement, the company did not admit liability for the alleged violations, but has certified compliance with applicable EPCRA requirements.



In a separate matter, the United States recently announced a $1.7 million settlement of alleged Clean Air Act violations at six Essroc facilities nationwide, including the Nazareth plant.
See press release at: http://yosemite.epa.gov/opa/admpress.nsf/d0cf6618525a9efb85257359003fb69d/48aa8dd28f3ab133852579750077751e!OpenDocument.

For more information on TRI and the TRI searchable database, go to: www.epa.gov/tri.

For more information on lead and its health effects, go to: See http://www.epa.gov/lead/index.html.