EPA v. MILLARD WIRE COMPANY

Case summary

On June 21, 2022, Region 1 settled an administrative penalty action against Millard Wire Company ( Respondent ) alleging violations of Section 112(r)(1) of the Clean Air Act ( CAA ), known as the General Duty Clause, and Sections 312 and 313 of the Emergency Planning and Community Right to Know Act ( EPCRA ). These violations arise from Respondent's storage and use of anhydrous ammonia and its processing of copper and nickel metals. Respondent violated the General Duty Clause by failing to conduct a process hazard review ( PHR ) for the ammonia used at its Warwick, RI facility. Respondent violated EPCRA Section 312 by failing to submit Tier 2 forms for anhydrous ammonia to the local emergency planning committee, the state emergency response commission, and the local fire department for calendar years 2020 and 2021. Respondent also violated EPCRA Section 313 by failing to timely submit and certify Toxics Release Inventory ( TRI ) reporting forms for anhydrous ammonia, copper, and nickel used and processed at the facility in calendar years 2020 and 2021. The CAFO requires Respondent to pay a civil penalty of $170,261. The settlement does not include injunctive relief, because Respondent came into compliance when informed of their reporting obligations.

Defendants (1)

• Millard Wire CompanyNamed in complaintNamed in settlement

Facilities (1)

• MILLARD WIRE COMPANY

  449 WARWICK INDUSTRIAL DRIVE, WARWICK, RI, 02886

  Registry ID: 110070313374

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause

Enforcement conclusions (1)

• MILLARD WIRE COMPANYentered 2023-06-10

  Primary law: CAA

  Federal penalty: $170,261

Timeline (4 milestones)

• 2023-06-10Final Order Issued
• 2023-06-10Complaint Filed/Proposed Order
• 2023-07-17Enforcement Action Data Entered
• 2023-12-11Enforcement Action Closed