EPA v. Crescent Marketing d/b/a Crescent Manufacturing

Case summary

On April 12, 2016 EPA conducted an on-site inspection to determine compliance with the Emergency Planning and Community Right-to-Know Act (EPCRA). EPA determined the Respondent failed to report in an accurate and timely manner the storage, usage, and emissions information for several regulated chemicals. Specifically, the Respondent failed to submit, in a timely manner, a completed emergency and hazardous chemical inventory form (Tier I or Tier II form) for the calendar years 2014 and 2015 to the Local and State authorities with jurisdiction, which are violations of EPCRA Section 312, 42 U.S.C. ? 11022, and 40 C.F.R. ? 370.25, and failed to submit, in a timely manner, Form R reports for the following chemicals and calendar years: (a) methanol for the calendar years 2011, 2012, 2013, and 2014; (b) naphthalene for the calendar years 2011, 2012, 2013, and 2014; (c) 1,2,4-trimethylbenzene for the calendar years 2011, 2012, 2013, and 2014; (d) nitrate compounds for the calendar years 2011, 2012, 2013, and 2014; (e) xylene for the calendar years 2011 and 2014; and (f) cumene for the calendar years 2011 and 2014. The failures to submit such Form R reports are violations of EPCRA Section 313, 42 U.S.C. ? 11023, and 40 C.F.R. ? 372.30. The Respondent has come into compliance and will pay a monetary penalty of $215,000.

Defendants (1)

• Crescent Marketing d/b/a Crescent ManufacturingNamed in complaintNamed in settlement

Facilities (1)

• CRESCENT MARKETING DBA CRESCENT MFG.

  10285 EAGLE DR, NORTH COLLINS, NY, 14111

  Registry ID: 110020515450

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Crescent Marketing d/b/a Crescent Manufacturingentered 2018-07-17

  Primary law: EPCRA

  Federal penalty: $215,000

Timeline (4 milestones)

• 2018-07-17Complaint Filed/Proposed Order
• 2018-07-17Final Order Issued
• 2018-07-17Enforcement Action Closed
• 2018-07-25Enforcement Action Data Entered