EPA v. Crosman Corporation

Case summary

The �Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, Etc.,� 40 C.F.R. Part 22 (July 1, 2000), provide in 40 C.F.R. � 22.13(b) that when the parties agree to settle one or more causes of action before the filing of an Administrative Complaint, a proceeding may be simultaneously commenced and concluded by the issuance of a Consent Agreement and Final Order pursuant to 40 C.F.R. �22.18(b)(2) and (3). A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that the Respondent voluntarily submitted the following Forms R to the EPA: CHEMICAL YEAR DUE DATE POSTMARK DATE DAYS LATE Chromium 1997 July 1, 1998 January 19,1999 201 Nickel 1997 July 1, 1998 January 19, 1999 201 Lead 1997 July 1, 1998 January 19, 1999 201 Manganese 1997 July 1, 1998 January 19, 1999 201 Zinc Compounds 1997 July 1, 1998 January 19, 1999 201 Copper Compounds 1997 July 1, 1998 January 19, 1999 201 On June 28, 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. By letters dated August 22, 2002 and October 22, 2002, Crosman Corporation provided the requested information. Based on this information, it was determined that Crosman Corporation had �processed� (as defined in 40 C.F.R. � 372.3) greater than 25,000 pounds each of chromium, nickel, lead, manganese, zinc compounds and copper compounds during 1997. The Respondent was required to submit the Forms R by July 1, 1998 for calendar year 1997 to the Administrator of EPA and to the State of New York. This failure to submit the Form R reports, 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 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 proposed penalty was $79,380.

Defendants (1)

• Crosman CorporationNamed in complaintNamed in settlement

Facilities (1)

• CROSMAN CORPORATION

  STATE ROUTE 5 & 20, EAST BLOOMFIELD, NY, 14443

  Registry ID: 110041979464

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Crosman Corporationentered 2003-02-06

  Primary law: EPCRA

  Federal penalty: $19,845

Timeline (4 milestones)

• 2003-02-06Final Order Issued
• 2003-02-06Enforcement Action Closed
• 2003-02-06Complaint Filed/Proposed Order
• 2003-02-12Enforcement Action Data Entered