12/18/2018 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $16,343. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP.
ORDER ALLEGES:
VIOLATION OF SECTION 313 OF EPCRA
RESPONDENT'S TALLAPOOSA FACILITY PROCESSED ZINC COMPOUNDS IN EXCESS OF THE 25,000-POUND THRESHOLD QUANTITY FOR THE CHEMICAL ESTABLISHED UNDER SECTION 313(f) OF EPCRA, DURING CALENDAR YEAR 2015. RESPONDENT'S HUNTINGTON FACILITY PROCESSED ZINC COMPOUNDS IN EXCESS OF THE 25,000-POUND THRESHOLD ESTABLISHED UNDER SECTION 313(f) OF EPCRA, AND LEAD COMPOUNDS IN EXCESS OF THE 100 POUND THRESHOLD QUANTITY FOR THE CHEMICAL ESTABLISHED, DURING CALENDAR YEAR 2015.
RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTION 313 OF EPCRA AT ITS TALLAPOOSA FACILITY BY FAILING TO SUBMIT THE REQUIRED FORM R FOR ZINC COMPOUNDS AND AT ITS HUNTINGTON FACILITY BY FAILING TO SUBMIT THE REQUIRED FORM R FOR ZINC COMPOUNDS AND LEAD COMPOUNDS FOR CALENDAR YEAR 2015, BY JULY 1 OF THE FOLLOWING YEAR.
VIOLATION OF 312 OF EPCRA
AT SOME TIME DURING CALENDAR YEAR 2015 AND 2014, ZINC OXIDE WAS PRESENT AT THE TALLAPOOSA FACILITY IN AN AMOUNT EQUAL TO OR GREATER THAN 10,000 POUNDS.
RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR ZINC OXIDE TO THE SERC, THE LEPC, AND FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2015 AND 2014, BY MARCH 1 OF THE FOLLOWING YEAR.
THE EPA ALLEGES THAT RESPONDENT VIOLATED