EPA v. DELTA PRECISION ALLOYS

Case summary

Regional Judicial Officer signed a consent agreement and final order settling a case with Delta Precisions Alloys in which the U.S. Environmental Protection Agency claims that the Respondent violated Section 313 of the Emergency Planning and Community Right-to-Know Act ( EPCRA ), 42 U.S.C. section 11023. The violations occurred at Delta's facility located at 121 Demorah Drive, Montgomeryville, PA 18936. Respondent violated Section 313 of EPCRA, 2 U.S.C. section 11023, by failing to timely file a Form R for copper for the calendar year 2000. The violations which are the subject of this consent agreement were voluntarily disclosed by the Respondent to the EPA by letter dated February 28, 2002 under the Small Business Compliance Policy. 65 Fed. Reg. 19630 - 19634 (April 11, 2000). On April 24, 2000, the Environmental Protection Agency issued a Notice of Noncompliance, ID No. 03-00-0148 (NT) to Delta Precision Alloys for failure to submit toxic chemical release forms for copper covering reporting years 1996, 1997, and 1998 until February 18, 2000, after the deadlines for the forms. Condition D.4 a.i. of the Small Business Compliance Policy states that the policy does not apply if the facility has previously received a warning letter, notice of noncompliance, or field citation, or been subject to a citizen suit or any other enforcement action by a government agency for a violation of the same requirement within the past three years; therefore, Delta doe snot qualify for 100% penalty relief under the Small Business Compliance POlicy, but a 50% reduction in penalty was allowed pursuant to EPCRA 313 Enforcement Response Policy ( ERP ), dated August 10, 1992, and is reflected in the provisions of the CA/FO. The CA/FO provide the findings of fact and legal conclusions made by the Agency in determining that the Respondent failed to comply with Section 313 of EPCRA by not timely filing a toxic release inventory forms for the year 2000. Respondents agreed to pay a civil penalty of $1,998.48 as provided in the C

Defendants (1)

• DELTA PRECISION ALLOYSNamed in complaintNamed in settlement

Facilities (1)

• DELTA PRECISION CORP

  121 DOMORAH DRIVE, MONTGOMERYVILLE, PA, 18936

  Registry ID: 110000492379

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Delta Precision Alloysentered 2002-09-26

  Primary law: EPCRA

  Federal penalty: $1,998

Timeline (4 milestones)

• 2002-03-11Enforcement Action Data Entered
• 2002-09-26Final Order Issued
• 2002-09-26Complaint Filed/Proposed Order
• 2003-01-06Enforcement Action Closed