EPA v. International Paper Company

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. We intend to settle the case in this matter. A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that the Respondent voluntarily submitted a Form R report to the EPA for potassium dimethyldithiocarbamate for reporting year 1999 on August 20, 2001. The report was filed 414days late. On April 9, 2003, 2003, a letter addressing the above late reporting violation was sent to the company in an effort to gain more insight into the circumstances concerning the above violation. On April 14, 2003, International Paper Co., provided the requested information. Based on this information, it was determined that International Paper had otherwise used (as defined in 40 C.F.R. � 372.3) 11,000lbs of potassium dimethyldithiocarbmateduring 1999. The Respondent was required to submit the Form R report by July 1, 2000 for calendar year 1999 to the Administrator of EPA and to the State of New York. This 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 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. If we issued an Administrative Complaint the proposed penalty would be $18,700 (without the 75% reduction offered by the Late Reporter Initiative). The case was settled for $4,675 which represents a penalty mitigation of 75% as offered under Region 2' Late Reporter Initiative.

Defendants (1)

• International Paper CompanyNamed in complaintNamed in settlement

Facilities (1)

• INTERNATIONAL PAPER COMPANY, HUDSON RIVER MILL

  15 PINE ST, CORINTH, NY, 12822

  Registry ID: 110007991030

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• International Paper Companyentered 2003-06-10

  Primary law: EPCRA

  Federal penalty: $4,675

Timeline (4 milestones)

• 2003-06-10Complaint Filed/Proposed Order
• 2003-06-10Final Order Issued
• 2003-06-10Enforcement Action Closed
• 2003-06-17Enforcement Action Data Entered