EPA v. Steel Treaters Inc.

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 A reports for methanol for calendar year 1999, 2000, and 2001. The Form A reports for 1999 and 2000 were greater than a year late. The Form A report for 2002 was 219 days late.. On July 1, 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 9, 2003, Mr. Ronald Russell, Acting President, Steel Treaters, Inc., provided the requested information. Based on this information, it was determined that during years 1999, 2000 and 2002 that Steel Treaters, Inc. had otherwise used (as defined in 40 C.F.R. ? 372.3) greater 10,000 pounds of methanol. The Respondent was required to submit the Form A for calendar year 1999 by July 1, 2000, the Form A for calendar year 2000 by July 1, 2001, and the Form A for calendar 2001 by July 1, 2002 to the Administrator of EPA and to the State of New York. Each Form A report was postmarked February 6, 2003. Each failure to submit the Form A, 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 $14,740 if an administrative complaint had been issued. The case was settled for $3,685 under Region 2's Late reporter Initiative.

Defendants (1)

• Steel Treaters Inc.Named in complaintNamed in settlement

Facilities (1)

• STEEL TREATERS INC

  50 COUNTRY CLUB DR, ORISKANY, NY, 13424

  Registry ID: 110004340552

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Steel Treaters Inc.entered 2003-09-08

  Primary law: EPCRA

  Federal penalty: $3,685

Timeline (4 milestones)

• 2003-09-08Enforcement Action Closed
• 2003-09-08Complaint Filed/Proposed Order
• 2003-09-08Final Order Issued
• 2003-09-17Enforcement Action Data Entered