EPA v. Moreng Metal Products Inc.

Case summary

LATE Reporter Initiative: 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 (TRI Database) indicated that Moreng voluntarily submitted to the EPA a late Form R report for MEK on October 4, 2000 for reporting year 1999. The Form was 92 days late. On April 9, 2003, a letter was sent to the company to address this late reporting violation and to request additional information. On May 6, 2003, Moreng provided the requested information. Based on this information, it was determined that Moreng had reported late and had �otherwise used� (as defined in 40 C.F.R. � 372.3) 12,000 lbs of methyl ethyl ketone during 1999. The failure to submit a Form R report, in a timely manner, constitutes a violation of Section 313 of EPCRA, 42 U.S.C. �11023, and 40 C.F.R �372.30. 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. A penalty of $2,209 was proposed. EPA and Moreng agree that entering into this Consent Agreement and Final Order (�CAFO�) pursuant to 40 C.F.R. �22.13(b) and 40 C.F.R. �22.18(b)(2) and (3), is an appropriate means of resolving this matter without further litigation. To that end, the parties conducted informal settlement negotiations on June 12, 2003 between Mr. Ron Glenn, Operations Manager (Moreng) and Ms. Aarti Reddy of the Pesticides and Toxic Substances Branch. Mr. Glenn assured us that the company would henceforth comply in a timely fashion. A 50% reduction was allowed for the voluntary self-disclosure. Due to Respondent's willingness to settle this matter in an expeditious manner without the issuance of a formal Administrative Complaint, an additional 10% reduction was allowed under the as justice may require portion of the ERP, in consideration of the savings to the Agency in time and cost of litigation. A final 15% reduction was allowed under the �as justice may require� portion of the ERP in consideration of Region 2's late reporter initiative to expeditiously address the nearly 800 late Form R reports filed for reporting years 1997 through 2000 by facilities in Region 2. This 75% reduction would bring the new proposed penalty to $552. Moreng agreed to pay $552. This penalty was reduced in accordance with the Enforcement Response Policy for Section 313 of EPCRA. In order to reach an equitable settlement, we accepted a reduced penalty of $552 and prepared the Consent Agreement and Final Order accordingly.

Defendants (1)

• Moreng Metal Products Inc.Named in complaintNamed in settlement

Facilities (1)

• MORENG METAL PRODUCTS INC.

  100 WEST END ROAD, TOTOWA, NJ, 07511

  Registry ID: 110000868188

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Moreng Metal Products Inc.entered 2003-07-03

  Primary law: EPCRA

  Federal penalty: $552

Timeline (4 milestones)

• 2003-07-03Enforcement Action Closed
• 2003-07-03Complaint Filed/Proposed Order
• 2003-07-03Final Order Issued
• 2003-07-09Enforcement Action Data Entered