EPA v. VEEDER-ROOT COMPANY

Case summary

ON DECEMBER 21, 2007, EPA ISSUED A COMBINED NOTICE OF DETERMINATION ( NOD ) AND NOTICE OF NONCOMPLIANCE ( NON ) TO RESOLVE VIOLATIONS OF EPCRA 313 WHICH WERE SELF-DISCLOSED BY VEEDER-ROOT COMPANY ( VEEDER-ROOT ) PURSUANT TO INCENTIVES FOR SELF POLICITY: DISCOVERY, DISCLOSURE, CORRECTION, AND PREVENTION OF VIOLATIONS, 65 FED. REG. 19618 (APRIL 11, 2000) THE VEEDER-ROOT FACILITY IS LOACTED AT 6TH AVENUE AT BURNS CROSSING, ALTOONA, PA. IN A LETTER TO EPA DATED AUGUST 3, 2007, VEEDER-ROOT DISCLOSED THAT THE FACILITY DID NOT SUBMIT TOXIC CHEMICAL RELEASE INVENTORY FORMS R FOR LEAD PROCESSED AT ITS FACILITY DURING CALENDAR YEARS 2004 AND 2005, AS REQUIRED BY SECTION 313 OF EPCRA. THE VIOLATIONS WERE NEITHER DISCLOSED TO EPA WITHIN 21 CALENDAR DAYS FROM, NOR WERE CORRECTED WITHIN 60 CALENDAR DAYS FROM, THE DATE OF DISCOVERY. CONSEQUENTLY, VEEDER-ROOT DID NOT MEET CONDITION 3 AND CONDITION 5 OF THE SELF-DISCLSURE POLICY AND DID NOT QUALIFY FOR A FULL PENALTY REDUTION UNDER THE SELF-DISCLOSURE POLICY. HOWEVER, REGION III DETERMINED THAT AN NON RATHER THAN A PENALTY ACTION WAS THE APPROPRIATE ENFORCEMENT RESPONSE GIVEN THE CIRCUMSTANCES OF THE VIOLATIONS.

Defendants (1)

• VEEDER-ROOT COMPANYNamed in settlement

Facilities (1)

• VEEDER ROOT COMPANY

  6TH AVE. & BURNS CROSSING, ALTOONA, PA, 16603

  Registry ID: 110001137056

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• VEEDER-ROOT COMPANYentered 2007-12-21

  Primary law: EPCRA

Timeline (2 milestones)

• 2007-12-21Final Order Issued
• 2008-01-07Enforcement Action Data Entered