EPA v. Wabash Aluminum Alloys L.L.C.

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 the Respondent voluntarily submitted a Form R report for hydrochloric acid for the calendar year 1998 which was 354 days late. The Form R report was submitted to the EPA June 20, 2000. On January 10, 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. As a result of phone conversations between Ms.Pat Sharkey, Counsel for Wabash Aluminum Alloys L.L.C. and Mr. Jan P. Szaro, Pesticides, and Toxic Substances Branch, it was determined that the Respondent had failed to submit timely Form R reports for hydrochloric acid to the Administrator of EPA and to the State of New York for calendar year 1998. This failure to submit the 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. The original proposed penalty would have been $18,335, if an administrative complaint had been issued.

Defendants (1)

• Wabash Aluminum Alloys L.L.C.Named in complaintNamed in settlement

Facilities (2)

• WABASH ALUMINUM ALLOYS LLC

  6223 THOMPSON ROAD, EAST SYRACUSE, NY, 13057

  Registry ID: 110017118199

• WABASH ALUMINUM ALLOYS LLC

  6223 THOMPSON ROAD, EAST SYRACUSE, NY, 13057

  Registry ID: 110017118199

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Wabash Aluminum Alloys L.L.C.entered 2003-07-03

  Primary law: EPCRA

  Federal penalty: $4,584

Timeline (4 milestones)

• 2003-07-03Complaint Filed/Proposed Order
• 2003-07-03Final Order Issued
• 2003-07-03Enforcement Action Closed
• 2003-07-10Enforcement Action Data Entered