EPA v. Paxar 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). We intend to resolve this case in this manner. A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that the Respondent voluntarily submitted late Form R reports for toluene, methyl ethyl ketone and n,n-dimethylformamide for the calendar year 1997. Each Form R was greater than a year late. On February 21, 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 violations. By letter dated March 18, 2003, Mr. Michael Sterthouse, Esq. provided the requested information for Paxar Corporation. Based on this information, it was determined that Paxar Corporation had otherwise used (as defined in 40 C.F.R. � 372.3) greater than ten times the threshold of toluene during 1997, processed greater than ten times the threshold of methyl ethyl ketone and processed less than ten times the threshold of n.n-dimethyl formamide. The Respondent was required to submit each Form R by July 1, 1998 for calendar year 1997 to the Administrator of EPA and to the State of New York. Each Form R was postmarked February 20, 2003. Each failure to submit the Form R, 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 $42,900 if an administrative complaint had been issued.

Defendants (1)

• Paxar CorporationNamed in complaintNamed in settlement

Facilities (1)

• PAXAR CORPORATION

  530 ROUTE 303, ORANGEBURG, NY, 10962

  Registry ID: 110005986996

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Paxar Corporationentered 2003-06-20

  Primary law: EPCRA

  Federal penalty: $10,725

Timeline (4 milestones)

• 2003-06-20Enforcement Action Closed
• 2003-06-20Complaint Filed/Proposed Order
• 2003-06-20Final Order Issued
• 2003-07-07Enforcement Action Data Entered