4/12/18 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $39,191. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP.
ORDER ALLEGES:
RESPONDENT'S FACILITY PROCESSED ZINC (FUME OR DUST) IN EXCESS OF THE 25,000 POUND THRESHOLD QUANTITY FOR THE CHEMICAL ESTABLISHED UNDER SECTION 313(f) OF EPCRA, DURING CALENDAR YEARS 2012, 2013, 2014, AND 2015. THE FACILITY OTHERWISE USED XYLENE DURING CALENDAR YEARS 2013, 2014, AND 2015, AND TOLUENE DURING CALENDAR YEARS 2012, 2013, AND 2015 IN EXCESS OF 10,000 POUND THRESHOLD QUANTITY FOR THE CHEMICALS ESTABLISHED UNDER SECTION 313(f).
RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTION 313 OF EPCRA, AT ITS FACILITY BY FAILING TO SUBMIT THE REQUIRED FOR ZINC (FUME OR DUST) FOR CALENDAR YEARS 2012, 2013, 2014, AND 2015, FOR XYLENE FOR CALENDAR YEAR 2014, AND FOR TOLUENE FOR CALENDAR YEARS 2012, 2013, AND 2015.
RESPONDENT FAILED TO USE READILY AVAILABLE DATA TO MAKE REASONABLE ESTIMATES OF THE QUANTITY OF A TOXIC CHEMICAL ENTERING EACH ENVIRONMENTAL MEDIA WHILE COMPLETING FORM R's FOR XYLENE FOR CALENDAR YEARS 2013 AND 2015.