EPA v. WHITFORD CORPORATION

Case summary

On September 18, 2019, Region III filed a Consent Agreement and Final Order regarding three violations of Section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 ( EPCRA ), 42 U.S.C. 11023, by Whitford Corporation ( Respondent ) at its specialty coatings manufacturing facility located 47 Park A venue, Elverson, PA 19520 ( Facility ). This CAFO resolves violations discovered by EPA during an inspection of Respondent's Facility on November 16, 2018 to review compliance with EPCRA Section 313 reporting requirements. Because the company processes toxic chemicals in quantities above established thresholds, it has a statutory requirement to report the processed toxic chemicals for the benefit of the public including emergency responders that could be called to the Facility. During calendar year 2016 and 2017, the Facility processed more than 25,000 pounds of methyl isobutyl ketone without timely filing a Form R or Form A with both EPA and the Commonwealth of Pennsylvania as required by Section 313 of EPCRA and the associated federal regulations of 40 C.F.R. Part 372. The Facility also processed more than 25,000 pounds of 1,2,4-trimethylbenzene, during calendar year 2017, without timely filing a Form R or Form A with both EPA and the Commonwealth of Pennsylvania as required by Section 313 of EPCRA and the associated federal regulations of 40 C.F.R. Part 372. Under the terms of the settlement, Respondent will pay a civil penalty in the amount of $39,000.00 to resolve these three violations of EPCRA Section 313 and the associated federal regulations of 40 C.F .R. Part 3 72. EPA contacted the Commonwealth of Pennsylvania regarding this matter, and the State has raised no objections.

Defendants (1)

• WHITFORD CORPORATIONNamed in complaintNamed in settlement

Facilities (4)

• WHITFORD CORPORATION

  47 PARK AVE, ELVERSON, PA, 19520

  Registry ID: 110025398184

• WHITFORD CORPORATION

  47 PARK AVE, ELVERSON, PA, 19520

  Registry ID: 110025398184

• WHITFORD CORPORATION

  47 PARK AVE, ELVERSON, PA, 19520

  Registry ID: 110025398184

• WHITFORD CORPORATION

  47 PARK AVE, ELVERSON, PA, 19520

  Registry ID: 110025398184

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• WHITFORD CORPORATIONentered 2019-09-18

  Primary law: EPCRA

  Federal penalty: $39,000

Timeline (4 milestones)

• 2019-09-18Final Order Issued
• 2019-09-18Complaint Filed/Proposed Order
• 2019-09-19Enforcement Action Data Entered
• 2019-09-27Enforcement Action Closed