EPA v. Wheelock, Inc.

Case summary

EPCRA �313 Subpart (a) requires Form R reports to be submitted annually on or before July 1 and to contain data estimating releases during the preceding calendar year. Facilities which submit Form R reports after the July 1 deadline have failed to comply with this annual reporting requirement and have defeated the purpose of EPCRA �313, which is to make this toxic release data available to states and the public annually and in a timely manner. COUNT 1 Failure to submit in a timely manner a Form R for processing approximately 12,116 pounds of lead for calendar year 2001. EVIDENCE: (40 CFR �372.30(a) Threshold quantity provided by Wheelock, Inc. subsequent to the February 19, 2003 inspection conducted at the facility and an Envirofacts data pull conducted December 8, 2004. Proposed Penalty = $23,748 Mitigated Penalty + 0.0 (HQ has requested that penalties for lead subject to the l00 lb threshold for lead under the PBT Rule be assessed at $0 as it was the first year for reporting lead as a PBT chemical.) COUNT 2 Failure to submit in a timely manner a Form R for processing approximately 10,611 pounds of lead for calendar year 2002. EVIDENCE: (40 CFR �372.30(a) Threshold quantity provided by Wheelock, Inc. in an Email message to EPA dated January 8, 2004 subsequent to the February 19, 2003 inspection conducted at the facility and an Envirofacts data pull conducted December 8, 2004. Proposed Penalty = $17,374 TOTAL PROPOSED PENALTY = $17,374

Defendants (1)

• Wheelock, Inc.Named in complaintNamed in settlement

Facilities (1)

• COOPER WHEELOCK INC

  273 BRANCHPORT AVE, LONG BRANCH, NJ, 07740

  Registry ID: 110002091637

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Wheelock, Inc.entered 2005-03-17

  Primary law: EPCRA

  Federal penalty: $10,424

Timeline (4 milestones)

• 2004-12-22Complaint Filed/Proposed Order
• 2005-01-07Enforcement Action Data Entered
• 2005-03-17Enforcement Action Closed
• 2005-03-17Final Order Issued