EPA v. Van De Mark Chemical Corporation

Case summary

Attached please find a Consent Agreement and Final Order for your signature. 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. A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that the Respondent voluntarily submitted the following Forms R to the EPA: CHEMICAL YEAR DUE DATE POSTMARK DATE DAYS LATE PHENOL 2001 July 1, 2002 June 30, 2003 1 year On December 24, 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 or about February 4, 2004, a phone conversation was held between Ms. Mary Ann Kowalski of the Pesticides and Toxic Substances Branch and Mr. Matthew Barmasse, Environmental Health, Safety and Quality Director, Van De Mark Chemical Corporation during which Mr. Barmasse provided the requested information. Based on this information, it was determined that Van De Mark Chemical Corporation had �processed� (as defined in 40 C.F.R. � 372.3) approximately 137,23 pounds of phenol during calendar year 2001. The Respondent was required to submit the required Form R by July 1, 2002 for calendar year 2001 to the Administrator of EPA and to the State of New York. This failure to submit the Form R, 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 was $18,700.

Defendants (1)

• Van De Mark Chemical CorporationNamed in complaintNamed in settlement

Facilities (3)

• ISOCHEM INC

  1 NORTH TRANSIT ROAD, LOCKPORT, NY, 14094

  Registry ID: 110000326594

• ISOCHEM INC

  1 NORTH TRANSIT ROAD, LOCKPORT, NY, 14094

  Registry ID: 110000326594

• ISOCHEM INC

  1 NORTH TRANSIT ROAD, LOCKPORT, NY, 14094

  Registry ID: 110000326594

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Van De Mark Chemical Corporationentered 2004-03-18

  Primary law: EPCRA

  Federal penalty: $4,675

Timeline (4 milestones)

• 2004-03-18Enforcement Action Closed
• 2004-03-18Complaint Filed/Proposed Order
• 2004-03-18Final Order Issued
• 2004-04-12Enforcement Action Data Entered