EPA v. Infineum USA L.P.

Case summary

LATE REPORTER INITIATIVE: Late Reporter Initiative - 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 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 report to the EPA: Chemical Name Reporting Year Report Due Report Submitted # of Days Late tert-butyl alcohol 2000 July 1, 2001 June 26, 2002 359 On June 26, 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 violation. On October 9, 2003, Infineum USA L.P. provided the requested information. Based on this information, it was determined that Infineum which maintains the Bayway Chemical Plant had �manufactured� (as defined in 40 C.F.R. � 372.3) 26,565 lbs and otherwise used 9 lbs of of tert-butyl alcohol during 2000. The Respondent was required to submit the Form R report by July 1, 2001 for calendar year 2000 to the Administrator of EPA and to the State of New Jersey. This failure to submit a 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. If we issued an Administrative Complaint the proposed penalty would be $18,501. EPA and Bayway 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. To that end, the parties conducted informal settlement discussions by telephone on November 17, 2003 between Mr. Pat Parsons, Environmental Group Leader for Bayway Chemical Plant and Mr. Daniel Kraft of the Pesticides and Toxic Substances Branch. A 50% reduction was allowed for the voluntary self-disclosure. Due to Respondent's willingness to settle this matter in an expeditious manner without the issuance of a formal administrative complaint, an additional 10% reduction was allowed under the as justice may require portion of the ERP, in consideration of the savings to the Agency in time and the costs of litigation. A final 15% reduction was allowed under the �as justice may require� portion of the ERP in consideration of Region 2's late reporter initiative to expeditiously address the nearly 800 late Form R reports filed in reporting years 1997, 1998, 1999 and 2000 by facilities in Region 2. This 75% reduction would bring the new proposed penalty to $4,625. Bayway agreed to pay $4,625. This penalty was reduced in accordance with the Enforcement Response Policy for Section 313 of EPCRA. In order to reach an equitable settlement, we propose to accept a reduced penalty of $4,625 and have prepared the Consent Agreement and Final Order accordingly.

Defendants (1)

• Infineum USA L.P.Named in complaintNamed in settlement

Facilities (1)

• INFINEUM USA L.P. - BAYWAY CHEMICAL PLANT

  CORNER OF PARK & BRUNSWICK AVENUES, LINDEN, NJ, 07036

  Registry ID: 110067001871

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Infineum USA L.P.entered 2004-01-13

  Primary law: EPCRA

  Federal penalty: $4,625

Timeline (4 milestones)

• 2004-01-13Enforcement Action Closed
• 2004-01-13Complaint Filed/Proposed Order
• 2004-01-13Final Order Issued
• 2004-02-05Enforcement Action Data Entered