2/17/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $61,000. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR SULFURIC ACID TO THE SERC, THE LEPC, AND FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2008, 2007, AND 2006, BY MARCH 1 OF THE FOLLOWING YEAR. IN VIOLATION OF EPCRA SECTION 312.
RESPONDENT FAILED TO SUBMIT A FORM R FOR ZINC COMPOUNDS TO THE ADMINISTRATOR OF EPA AND TO THE OFFICIAL DESIGNATED BY THE GOVERNOR OF THE STATE OF TENNESSEE BY JULY 1 OF THE REQUIRED REPORTING YEAR. IN VIOLATION OF EPCRA SECTION 313.
EPA HAS ALLEGED VIOLATIONS OF SECTION 313 WITH REGARD TO COPPER AT RESPONDENT'S FACILITY FOR CALENDAR YEARS 2006, 2007, 2008. BASED ON THE UNIQUE CIRCUMSTANCES OF THIS CASE, EPA IS EXERCISING ITS ENFORCEMENT DISCRETION AND IS NOT PURSUING PENALTIES FOR COPPER BASED ON THOSE ALLEGATIONS.