EPA v. CVC Specialty Chemicals, Inc.

Case summary

This is a consolidated action pursuant to our Consolidated Rules of Practice (40 C.F.R. ?22.18(b)(2) and (3)), which provide that a proceeding may be simultaneously commenced and concluded by the issuance of a Consent Agreement and Final Order when the parties agree to settle one or more causes of action before the filing of an Administrative Complaint. A review of the Toxic Release Inventory Envirofacts Database indicated that Respondent voluntarily submitted the following late Toxic Release Inventory Form R reports: 1) The Form R reports for for epichlorohydrin, dimethylamine, o-xylene, and methanol were submitted to the EPA for the 1997 calendar year on July 1, 2000. Each Form R report was greater than one year late 2) The Form R reports for epichlorohydrin, dimethylamine, methyl isobutyl ketone, o-xylene, and methanol were submitted to the EPA for the 1998 calendar year on July 1, 2000. Each Form R report was greater than one year late. On October 22, 2002, a letter addressing the above late reporting violations was sent to the company in an effort to gain more insight into the circumstances concerning the above violations. An EPCRA Section 313 inspection was also conducted at the facility on October 24, 2002 in conjunction with a TSCA Sections 5, 8 and PCB inspection. By letter dated December 11, 2002, Mr. Warner Jarnagin, Manufacturing Manager provided the requested information for CVC Specialty Chemcials, Inc. Based on this information, it was determined that the above Form R reports were submitted late and that the company qualified as a small business under the EPCRA Section 313 Penalty Policy. The Respondent was required to submit each Form R by July 1, 1998 for calendar year 1997, by July 1, 1999 for calendar year 1998, and by july 1, 2002 for calendar year 2001 to the Administrator of EPA and to the State of New Jersey. The 1997 and 1998 Form R reports wer postmarked July 1, 2000 and the 2001 Form R reports wer postmarked October 23, 2002. Each failure to submit the Form R report, in a timely manner, constitutes a violation of Section 313 of EPCRA, 42 U.S.C. Section 11023, and 40 C.F.R. Section 372.30. The amount of the penalty was initially calculated using the Enforcement Response Policy (ERP) for Section 313 of EPCRA issued by the USEPA Office of Compliance Monitoring, Office of Pesticides and Toxic Substances, on August 10, 1992. The original penalty would have been $66,732 if an administrative complaint had been issued. On

Defendants (1)

• CVC Specialty Chemicals, Inc.Named in complaintNamed in settlement

Facilities (1)

• CVC SPECIALTY CHEMICALS INCORPORATED MAPLE SHADE PLANT

  2980 ROUTE 73 NORTH, MAPLE SHADE, NJ, 08052

  Registry ID: 110000566414

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• CVC Specialty Chemicals, Inc.entered 2003-06-25

  Primary law: EPCRA

  Federal penalty: $16,683

Timeline (4 milestones)

• 2003-06-25Final Order Issued
• 2003-06-25Enforcement Action Closed
• 2003-06-25Complaint Filed/Proposed Order
• 2003-07-08Enforcement Action Data Entered