EPA v. Sulzer Metco (US) 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 (CAFO) 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 the following Form R reports to the EPA: HICKSVILLE FACILITY: CHEMICAL YEAR DUE DATE POSTMARK DATE DAYS LATE COPPER 1999 07/01/00 07/12/00 >1yr WESTBURY FACILITY: CHEMICAL YEAR DUE DATE POSTMARK DATE DAYS LATE NICKEL 1999 07/01/00 07/12/00 >1yr ALUMINUM 1999 07/01/00 07/12/00 >1yr CHROMIUM COMPOUNDS 1999 07/01/00 07/12/00 >1yr On July 2, 2003, a letter addressing the above late reporting violations was sent to each of the Hicksville and Westbury facilities in an effort to gain more insight into the circumstances concerning the above violations. EPA and Sulzer Metco (USA) Inc. agree that settling this matter by entering into this Consent Agreement and Final Order pursuant to 40 C.F.R. �22.13(b) and 40 C.F.R. �22.18(b)(2) and (3), is an appropriate means of resolving this case without further litigation, and to that end, an informal settlement conference was held by phone between Mr. Peter DiPietrantoinio, Environmental Health & Safety Specialist and Mr. Rick Rudolph, Vice President and General Counsel, Sulzer Metco (USA) Inc. and Ms. Mary A. Kowalski of the Pesticides and Toxic Substances Branch on July 24, 2003 followed by several additional phone conversations. It was determined that Sulzer Metco (USA) Inc. was required to submit the above Form R reports to the Administrator of EPA and to the State of New York in a timely manner. The failure to submit each 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.

Defendants (1)

• Sulzer Metco (US) Inc.Named in complaintNamed in settlement

Facilities (2)

• METCO MATERIALS MFG

  220 MILLER PL., HICKSVILLE, NY, 11801

  Registry ID: 110000324079

• SULZER METCO US INC

  1101 PROSPECT AVENUE, WESTBURY, NY, 11590-2724

  Registry ID: 110000323793

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Sulzer Metco (US) Inc.entered 2003-09-26

  Primary law: EPCRA

  Federal penalty: $12,100

Timeline (4 milestones)

• 2003-09-26Enforcement Action Closed
• 2003-09-26Complaint Filed/Proposed Order
• 2003-09-26Final Order Issued
• 2003-10-06Enforcement Action Data Entered