EPA v. LEER EAST

Case summary

EPA issued a Notice of Determination ( NOD ) pursuant to the Final Policy Statement on Incentives for Self-Policing: Discovery, Disclosure, Correction, and Prevention of Violations , 65 Fed. Reg. 19618 (April 11, 2000). The NOD is based on self-disclosures provided by Leer East for violations of Section 313 of the Emergency Planning and Community Right-to-Know Act ( EPCRA ), 42 U.S.C. section 11023 and its implementing regulations at 40 C.F.R. Part 372. The Facility is located at 2000 Housels Road, Milton, PA. In letters dated May 1, 2002, July 8, 2002 and September 6, 2002 to EPA, Leer East disclosed to the agency that the Facility filed incorrect data on its Toxic Release Inventory Forms ( Forms Rs ) for the following chemicals: methyl isobutyl ketone for years 1996, 1999, and 2000; toluene for years 1996, 1997, 1999 and 2000; xylene for years 1996, 1997, 1998, 1999 and 2000; ethyl benzene for year 1997; methyl ethyl ketone for years 1999 and 2000; and styrene for years 1999 and 2000. The total gravity-based civil penalty for these violations would be $384,288. However, because Leer East satisfied al of the conditions of EPA's Self-Disclosure Policy and the amount of economic benefit gained was insignificant, EPA waived the gravity-based civil penalty for the disclosed violations

Defendants (1)

• LEER EASTNamed in complaintNamed in settlement

Facilities (1)

• LEER EAST INC

  200 HOUSELS RUN RD, MILTON, PA, 17847

  Registry ID: 110000603696

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• Leer Eastentered 2002-09-30

  Primary law: EPCRA

Timeline (5 milestones)

• 2002-05-24Enforcement Action Data Entered
• 2002-09-30Stayed While Under Appeal
• 2002-09-30Final Order Issued
• 2002-09-30Enforcement Action Closed
• 2002-09-30Complaint Filed/Proposed Order