EPA v. MRC Bearings

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). A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that the Respondent voluntarily submitted late Form R reports for chromium for the calendar years 1998 and 1999. The 1998 Form R report was greater than one year late. The 1999 Form R report was 359 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 21, 2003, Mr. Kevin McMillan, Environmental and Security Manager, MRC Bearings, provided the requested information. Based on this information, it was determined that during 1998 that MRC Bearings had processed (as defined in 40 C.F.R. � 372.3) 40,098 pounds of chromium and 48,757 pounds of chromium during 1999. The Respondent was required to submit the 1998 Form R report by July 1, 1999 and the 1999 Form R report by July 1, 2000 to the Administrator of EPA and to the State of New York. Each Form R report was postmarked June 26, 2001. Each 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 $37,201 if an administrative complaint had been issued. We propose to settle the case with a 75% penalty mitigation under the late reporter initiative. this would bring the mitigated penalty to $9,300.

Defendants (1)

• MRC BearingsNamed in complaintNamed in settlement

Facilities (2)

• MRC BEARINGS JAMESTOWN PLANT

  402 CHANDLER ST, JAMESTOWN, NY, 147020280

  Registry ID: 110000328226

• MRC BEARINGS JAMESTOWN PLANT

  402 CHANDLER ST, JAMESTOWN, NY, 147020280

  Registry ID: 110000328226

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• MRC Bearingsentered 2003-08-28

  Primary law: EPCRA

  Federal penalty: $9,300

Timeline (4 milestones)

• 2003-08-28Final Order Issued
• 2003-08-28Complaint Filed/Proposed Order
• 2003-08-28Enforcement Action Closed
• 2003-09-09Enforcement Action Data Entered