EPA v. LOETAUR TECHNOLOGY GROUP (LEHIGH SURFACES)

Case summary

DURING EACH OF THE CALENDAR YEARS 2010, 2011 AND 2012, RESPONDENT PROCESSED MORE THAN 25, 000 POUNDS OF STYRENE, AS THAT TERM IS USED IN EPCRA 313(B)(1)(A), 42 U.S.C. 11023(B)(1)(A), AND DEFINED IN 40 C.F.R. 372.3. SUCH AMOUNT EXCEEDED THE THRESHOLD QUANTITY FOR REPORTING FOR STYRENE SET FOR IN 40 C.F.R 372.25(B), WHICH IS SET THE THRESHOLD QUANTITY FOR A TOXIC CHEMICAL PROCESSED AT A FACILITY AT 25,000 POUNDS. RESPONDENT SUBMITTED TO EPA AND THE COMMONWEALTH OF PENNSYLVANIA THE FOLLOWING FORMS ON THE FOLLOWING DATES; REPORTING YEAR 2010: FORM R FOR STYRENE SUBMITTED ON OCTOBER 27, 2011; REPORTING YEAR 2011: FORM R FOR STYRENE SUBMITTED ON DECEMBER 15, 2012; AND REPORTING YEAR 2012: FORM R FOR STYRENE SUBMITTED ON APRIL 4, 2014. RESPONDENTS FAILURE TO TIMELY SUBMIT TO EPA, BY JULY 1 OF 2011, 2012 AND 2013, COMPLETED FORM RS TO REORT ITS PROCESSING OF STYRENE AT THE FACILITY DURING THE CALENDAR YEARS 2010, 2011, AND 2012 RESPECTIVELY, CONSTITUTES THREE SEPARATE VIOLATION FO SECTION 313 OF EPCRA, 42 U.S. C. 11023, FOR WHICH RESPONDENT IS LIABLE FOR CIVIL A PENALTY PURSUANT TO SECTION 325 (2) OF EPCRA, 42 U.S. C. 11045(C).

Defendants (1)

• LOETAUR TECHNOLOGY GROUP, INC.Named in complaintNamed in settlement

Facilities (2)

• LUICANA IND INC/MACUNGIE FAC

  111 LEHIGH ST., MACUNGIE, PA, 180621302

  Registry ID: 110000334941

• LEHIGH SURFACES

  111 LEHIGH ST., MACUNGIE, PA, 180621302

  Registry ID: 110000334941

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• LOETAUR TECHNOLOGY GROUP (LEHIGH SURFACES)entered 2015-09-03

  Primary law: EPCRA

  Federal penalty: $1,000

Timeline (3 milestones)

• 2015-09-03Final Order Issued
• 2015-09-03Complaint Filed/Proposed Order
• 2015-09-24Enforcement Action Data Entered