EPA v. Parker Hannifin Corporation

Case summary

his 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 manner. A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that the Respondent voluntarily submitted the following Form R reports to the EPA: CHEMICAL YEAR DUE DATE POSTMARK DATE DAYS LATE COPPER 1998 July 1, 1999 July 30, 2000 364 COPPER 2000 July 1, 2001 July 27, 2002 360 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 letter dated July 17, 2003, Ms. Martha Connell, Manager, Environmental Services, Parker Hannifin Corporation, provided the requested information. Based on this information, it was determined that Parker Hannifin Corporation had processed (as defined in 40 C.F.R. � 372.3) 35,060 pounds of copper during calendar year 1998 and 205,750 pounds of copper during calendar year 2000. The Respondent was required to submit each Form R report to the Administrator of EPA and to the State of New York in a timely manner. 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 $37,133 if an administrative complaint had been issued. Under the Late Reporter Initiative, we intend to mitigate the penalty by 75%.

Defendants (1)

• Parker Hannifin CorporationNamed in complaintNamed in settlement

Facilities (1)

• PARKER HANNIFIN - DUNN RD PLANT

  100 DUNN RD, LYONS, NY, 14489

  Registry ID: 110000327682

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Parker Hannifin Corporationentered 2003-09-04

  Primary law: EPCRA

  Federal penalty: $9,283

Timeline (4 milestones)

• 2003-09-04Enforcement Action Closed
• 2003-09-04Complaint Filed/Proposed Order
• 2003-09-04Final Order Issued
• 2003-09-17Enforcement Action Data Entered