EPA v. Howmet Corporation

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 (TRI Database) indicated that Howmet Corporation voluntarily submitted to the EPA late Form R reports for the following: Chemical Name ReportingYear Report Due Report Submitted Days Late 4,4'-isopropylidenediphenol 1998 July 1, 1999 September 19,2002 >365 4,4'-isopropylidenediphenol 1999 July 1, 2000 September 19,2002 >365 4,4'-isopropylidenediphenol 2000 July 1, 2001 September 19,2002 >365 On June 27, 2003, a letter was sent to the company to address these late reporting violations and to request additional information. Based on the information provided by Howmet Corporation�s initial response and subsequent communications the late reporting was confirmed. These failures to submit the Form R reports, in a timely manner, constitute violations 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. The original proposed penalty would have been $56,100 if an administrative complaint had been issued.

Defendants (1)

• Howmet CorporationNamed in complaintNamed in settlement

Facilities (3)

• HOWMET CORP - DOVER ALLOY

  9 ROY ST, DOVER, NJ, 07802-0371

  Registry ID: 110000320689

• HOWMET CORP - DOVER ALLOY

  9 ROY ST, DOVER, NJ, 07802-0371

  Registry ID: 110000320689

• HOWMET CORP - DOVER ALLOY

  9 ROY ST, DOVER, NJ, 07802-0371

  Registry ID: 110000320689

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Howmet Corporationentered 2003-09-18

  Primary law: EPCRA

  Federal penalty: $14,025

Timeline (4 milestones)

• 2003-09-18Enforcement Action Closed
• 2003-09-18Complaint Filed/Proposed Order
• 2003-09-18Final Order Issued
• 2003-09-29Enforcement Action Data Entered