EPA v. EAGLE BRASS COMPANY

Case summary

On February 17, 2017, Acting Regional Administrator Cecil Rodrigues, through Deputy RA John Armstead, entered a Final Order confirming the Consent Agreement between EPA and Eagle Brass Company (now doing business as Eagle Metals, Inc) (Eagle Brass) resolving an Administrative Complaint against Eagle Brass for three EPCRA Section 313 violations. Eagle Brass failed to report its processing of the toxic chemical copper for the reporting years 2010 - 2012. Eagle Brass is a privately owned corporation specializing in the manufacture of brass and steel coils. Eagle Brass processed over 25,000 pounds of copper at its Facility each year in 2010, 2011 and 2012. Beginning on June 3, 2014 through July 17, 2014, EPA performed a ?desktop audit? of Eagle Brass?s EPCRA Section 313 reporting compliance. The audit revealed that Eagle Brass failed to file a timely Form R with EPA and the Commonwealth of Pennsylvania for the copper it processed in 2010 - 2012. During the Show Cause process, Eagle Brass maintained that it had filed a timely Form R for copper, but had mistakenly combined its reporting for copper with its reporting for nickel because the two substances are contained in an alloy. After a prolonged negotiation phase, litigation began on June 4, 2015. EPA filed a motion for Accelerated Decision as to Liability and a Motion to Strike Eagle Brass? Affirmative Defenses on September 2, 2015. Fifteen months later, on December 21, 2016, ALJ Coughlin issued a decision denying EPA?s Motion for Accelerated Decision as to Liability, but granted EPA?s Motion to Strike in part, striking 14 of Eagle Brass?s 17 affirmative defenses. The parties met in person for the first time on January 19, 2017 and ultimately reached an agreement. Eagle Brass will pay a $10,635 penalty within thirty days.

Defendants (1)

• EAGLE BRASS COMPANY (SB)Named in complaintNamed in settlement

Facilities (1)

• EAGLE BRASS COMPANY

  1234 OLD BERNVILLE ROAD, LEESPORT, PA, 19533-9115

  Registry ID: 110064503176

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• EAGLE BRASS COMPANYentered 2017-02-17

  Primary law: EPCRA

  Federal penalty: $10,635

Timeline (4 milestones)

• 2015-06-04Complaint Filed/Proposed Order
• 2015-06-22Enforcement Action Data Entered
• 2017-02-17Final Order Issued
• 2017-02-28Enforcement Action Closed