EPA v. American Axle & Manufacturing Inc.

Case summary

Late Reporter Initiative: The Toxic Release Inventory Envirofacts Database indicates that American Axle & Manufacturing Inc., submitted late Toxic Release Inventory Form R reports for methanol for Reporting Years 2000 and 2001 on July 7, 2003. These failures to submit Form R reports, in a timely manner, constitute violations of Section 313 of the Emergency Planning and Community Right-to-Know-Act, 42 U.S.C. 11023, and with 40 C.F.R. 372.30. This is a combined administrative civil complaint and consent agreement final order action. Late Reporter Initiative - 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 Name Reporting Year Report Due Report Submitted Years Late Methanol 2000 July 1, 2001 July 7, 2003 >2 year Methanol 2001 July 1, 2002 July 7, 2003 >1year On December 23, 2004, a letter was sent to the company to address these late reporting violations and to request additional information. On January 12, 2004, American Axle & Manufacturing Inc. (AAM) provided the requested information. Based on this information, it was determined that AAM had processed/otherwise used (as defined in 40 C.F.R. 372.3) 92,637 lbs of methanol during 2000 and 726,191 lbs of methanol during 2001. These failures to submit Form R reports, in a timely manner, constitutes violations of Section 313 of EPCRA, 42 U.S.C. 11023, and 40 C.F.R 372.30. EPA and AAM 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 and electronic mail on January 12, 21, and 22, 2004.

Defendants (1)

• American Axle & Manufacturing Inc.Named in complaintNamed in settlement

Facilities (1)

• AMERICAN AXLE & MANUFACTURING INC. BUFFALO FACILITY

  1001 EAST DELAVAN AVENUE, BUFFALO, NY, 14215-3148

  Registry ID: 110000327085

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• American Axle & Manufacturing Inc.entered 2004-03-19

  Primary law: EPCRA

  Federal penalty: $11,550

Timeline (4 milestones)

• 2004-03-19Final Order Issued
• 2004-03-19Enforcement Action Closed
• 2004-03-19Complaint Filed/Proposed Order
• 2004-03-24Enforcement Action Data Entered