EPA v. ELECTRO CHEMICAL

Case summary

ON JUNE 21, 2013, EPA ISSUED A NOTICE OF DETERMINATION (NOD) PURSUANT TO THE SMALL BUSINESS COMPLIANCE POLICY TO ELECTRO CHEMICAL ENGINEERING & MANUFACTURING CO. FOR A VIOLATION OF SECTION 313 OF EPCRA, AND ITS IMPLEMENTING REGULATIONS. THE ELECTRO CHEMICAL FACILITY IS LOCATED AT 750 BROAD STREET, EMMAUS, PA 18049-0509. IN A LETTER TO EPA DATED JUNE 11, 2012, ELECTRO CHEMICAL DISCLOSED THAT THE FACILITY HAD FAILED TO SUBMIT TRI FORM R FOR TRICHLOROETHYLENE PROCESSED OR OTHERWISE USED FOR THE 2010 REPORTING YEAR, AS REQUIRED BY SECTION 313 OF EPCRA. THE TOTAL GRAVITY-BASED CIVIL PENALTY FOR THE VIOLATION, CALCULATED IN ACCORDANCE WITH EPA PENALTY POLICIES, WOULD BE $6,841. HOWEVER, ELECTRO CHEMICAL SATISFIED ALL OF THE CONDITIONS OF EPA’S SMALL BUSINESS POLICY AND THE AMOUNT OF ECONOMIC BENEFIT GAINED WAS INSIGNIFICANT; THEREFORE, EPA WAIVED THE GRAVITY-BASED CIVIL PENALTY FOR THE DISCLOSED VIOLATIONS.

Defendants (1)

• ELECTRO CHEMICAL (SB)Named in settlement

Facilities (2)

• ELECTRO CHEM ENG & MFG PLT

  750 BROAD ST, EMMAUS, PA, 18049

  Registry ID: 110004879506

• ELECTRO CHEM ENG & MFG PLT

  750 BROAD ST, EMMAUS, PA, 18049

  Registry ID: 110004879506

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• ELECTRO CHEMICALentered 2013-06-21

  Primary law: EPCRA

Timeline (3 milestones)

• 2013-06-21Enforcement Action Closed
• 2013-06-21Final Order Issued
• 2013-07-09Enforcement Action Data Entered