EPA v. Ethox 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. Our intent is to setle this case in this manner. A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that the Respondent voluntarily submitted Form R reports for 1,1-dichloro-1-fluoroethane for the calendar year 1999 which was 192 days late, for the calendar year 2000 wahich was greater than a year late, and for calendar 2001 which was 58 days late. On February 21, 2003, 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 several phone conversations and a letter dated March 4, 2003, Ethox Corporation provided the requested information. Based on this information, it was determined that Ethox Corporation had ?otherwise used? (as defined in 40 C.F.R. ? 372.3) greater than 10,000 pounds of 1,1-dichloro-1-fluoroethane during calendar years1999, 2000, and 2001. The Respondent was required to submit the to the Administrator of EPA and to the State of New York in a timely manner. 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 would have been $40,12 if an administrative complaint had been issued.

Defendants (1)

• Ethox CorporationNamed in complaintNamed in settlement

Facilities (1)

• ETHOX CORPORATION

  251 SENECA STREET, BUFFALO, NY, 14204

  Registry ID: 110000326843

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Ethox Corporationentered 2003-05-09

  Primary law: EPCRA

  Federal penalty: $10,031

Timeline (4 milestones)

• 2003-05-09Enforcement Action Closed
• 2003-05-09Complaint Filed/Proposed Order
• 2003-05-09Final Order Issued
• 2003-06-02Enforcement Action Data Entered