EPA v. Fibron Products, Inc

Case summary

'A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that the Respondent voluntarily submitted to the EPA late Toxic Release Inventory Forms R (Forms R) on February 5, 1999 for chromium, formaldehyde, and phenol for reporting year 1997; and on November 19, 1999 for chromium, formaldehyde, and phenol for reporting year 1998; and on October 6, 2000 for chromium, formaldehyde, and phenol for reporting year 1999. On May 17, 2002, a show cause letter addressing the above late reporting violations was sent to the company in an effort to settle the case with a consolidated Civil Administrative Complaint and Consent Agreement and Final Order. On May 28, 2002, Fibron Products, Inc. provided the requested information by electronic mail. After reviewing the provided chemical inventories it was determined that the company had not needed to file for chromium and formaldehyde in reporting years 1997, 1998 and 1999 and for phenol in 1999. The company intends to request withdrawal of those submissions from the TRI Database. No penalty will be assessed for these wrongly filed Form R submissions. It was also determined that Respondent's facility had processed (as defined in 40 C.F.R. sect. 372.3) approximately 28,873 pounds of phenol during 1997 and approximately 36,777 pounds of phenol in 1998. Respondent's facility was required to submit by July 1, 1998 for reporting year 1997 and by July 1, 1999 for the calendar year 1998 complete and correct Forms R for phenol to the Administrator of EPA and to the State of New York. Respondent's facility submitted the Form R for phenol for the calendar year 1997 on February 5, 1999, the postmark date, which was 220 days late. The Form R for phenol for the calendar year 1998 was submitted on November 19, 1999, the postmark date, which was 142 days late. The failure to submit in a timely manner complete and correct Forms R constitutes a failure to comply with Section 313 of the Emergency Planning and Community Right-to-Know-Act (EPCRA), 42 U.S.C. sect. 11023, and with 40 C.F.R. sect. 372.30.' Program ID NO.: 14208FBRNP170FL FRS Number: 11000326923 ICIS #: 2654

Defendants (1)

• Fibron Products, IncNamed in complaintNamed in settlement

Facilities (1)

• FIBRON PRODUCTS INCORPORATED

  170 FLORIDA ST., BUFFALO, NY, 142080430

  Registry ID: 110000326923

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Fibron Products, Incentered 2002-07-25

  Primary law: EPCRA

  Federal penalty: $1,635

Timeline (4 milestones)

• 2002-07-25Enforcement Action Closed
• 2002-07-25Complaint Filed/Proposed Order
• 2002-07-25Final Order Issued
• 2002-08-05Enforcement Action Data Entered