EPA v. TRI CITY ALUMINUM COMPANY

Case summary

ON DECEMBER 21, 2011, REGION III FILED A CONSENT AGREEMENT AND FINAL ORDER REGARDING TWO VIOLATIONS OF SECTION 313 OF THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT OF 1986 ( EPCRA ), 42 U.S.C. SECTION 11023, BY TRI CITY ALUMINUM COMPAMY ( RESPONDENT ) AT ITS FORMER MANUFACTURING FACILITY LOCATED AT 71 PROGRESS AVENUE, CRANBERRY TOWNSHIP, PENNSYLVANIA, 16066 ( FACILITY ). IN 2006, THE FACILITY PROCESSED CHROMIUM AND ALSO USED N-BUTYL ALCOHOL AS PART OF ITS MAUFACTURING OPERATIONS MAKING CUSTOM ALUMINUM COMMERCIAL WINDOWS. UNDER THE TERMS OF THE SETTLEMENT, RESPONDENT WILL PAY A CIVIL PENALTY. THIS CAFO RESOLVES VIOLATIONS DISCOVERED BY EPA DURING A JUNE 10, 2010 INSPECTION OF RESPONDENT'S FACILITY TO REVIEW COMPLIANCE WITH EPCRA 313 REPORTING REQUIREMENTS. IN REVIEWING THE FACILITY'S MANUFACTURING RECORDS, THE INSPECTOR DETERMINED THAT RESPONDENT HAD PROCESSED MORE THAN 25,000 POUNDS OF CHROMIUM AND OTHERWISE USED MORE THAN 10,000 POUNDS OF N-BUTYLL ALCOHOL IN CALENDAR YEAR 2006 WITHOUT TIMELY FILING A FORM R OR FORM A WITH BOTH EPA AND PENNSYLVANIA AS REQUIRED BY SECTION 313 OF EPCRA AND THE ASSOCIATED FEDERAL REGULATIONS OF 40 C.F.R. PART 372.

Defendants (1)

• TRI CITY ALUMINUM COMPANYNamed in complaintNamed in settlement

Facilities (6)

• THREE RIVERS ALUMINUM COMPANY INCORPORATED

  71 PROGRESS AVENUE, CRANBERRY TOWNSHIP, PA, 160663596

  Registry ID: 110001059586

• THREE RIVERS ALUMINUM COMPANY INCORPORATED

  71 PROGRESS AVENUE, CRANBERRY TOWNSHIP, PA, 160663596

  Registry ID: 110001059586

• THREE RIVERS ALUMINUM COMPANY INCORPORATED

  71 PROGRESS AVENUE, CRANBERRY TOWNSHIP, PA, 160663596

  Registry ID: 110001059586

• THREE RIVERS ALUMINUM COMPANY INCORPORATED

  71 PROGRESS AVENUE, CRANBERRY TOWNSHIP, PA, 160663596

  Registry ID: 110001059586

• THREE RIVERS ALUMINUM COMPANY INCORPORATED

  71 PROGRESS AVENUE, CRANBERRY TOWNSHIP, PA, 160663596

  Registry ID: 110001059586

• THREE RIVERS ALUMINUM COMPANY INCORPORATED

  71 PROGRESS AVENUE, CRANBERRY TOWNSHIP, PA, 160663596

  Registry ID: 110001059586

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• TRI CITY ALUMINUM COMPANYentered 2011-12-21

  Primary law: EPCRA

  Federal penalty: $26,300

Timeline (3 milestones)

• 2011-12-21Complaint Filed/Proposed Order
• 2011-12-21Final Order Issued
• 2012-01-26Enforcement Action Data Entered