EPA v. Cummins, Inc.

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. We intend to settle 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 manganese, nitrate compounds and zinc compounds for the calendar year 2000. Each Form R was 159 days late. On July 1, 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 July 14, 2003, Mr. Ignacio Garcia, Manager Heavy Duty Manufacturing, Cummins Inc., provided the requested information for Cummins Inc. Based on this information, it was determined that during 2000 that Cummins Inc. had processed (as defined in 40 C.F.R. � 372.3) greater than 25,000 pounds of manganese and otherwise used greater than 10,000 pounds each of nitrate compounds and zinc compounds. The Respondent was required to submit each Form R for calendar year 2000 by July 1, 2001 to the Administrator of EPA and to the State of New York. Each Form R was postmarked December 5, 2001. 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 $35,315, if an administrative complaint had been issued.

Defendants (1)

• Cummins Inc.Named in complaintNamed in settlement

Facilities (1)

• CUMMINS INC JAMESTOWN ENGINE PLANT

  4720 BAKER STREET EXT., LAKEWOOD, NY, 14750-9772

  Registry ID: 110000328333

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Cummins, Inc.entered 2003-09-10

  Primary law: EPCRA

  Federal penalty: $8,829

Timeline (4 milestones)

• 2003-09-10Enforcement Action Closed
• 2003-09-10Complaint Filed/Proposed Order
• 2003-09-10Final Order Issued
• 2003-09-17Enforcement Action Data Entered