EPA v. EAST PENN MANUFACTURING COMPANY, INC.

Case summary

On September 6, 2019, EPA-Region III entered into a Consent Agreement and Final Order (CAFO) with East Penn Manufacturing Company, Inc. (East Penn), for alleged violations of RCRA Subtitle C hazardous waste management requirements. East Penn is a manufacturer and reclaimer of Spent Lead-Acid Batteries (SLABs), and is located in Lyon Station, PA. East Penn sent 14 shipments, totaling 11,866 SLABs, from March to May of 2018, resulting in shipment of over 500,000 pounds of material to Canada. East Penn failed to submit the required Electronic Export Information (EEI) into the Automated Export System (AES) for each of the 14 transboundary shipments. In settlement of this enforcement action, East Penn agreed to pay a $28,000 civil penalty and to comply with the RCRA export notification requirements. The CAFO initiates and resolves this enforcement action. The action is among the first penalty actions under the relatively new RCRA export requirements. EPA informed PADEP of the action by letter on February 15, 2019 and received no objection.

Defendants (1)

• EAST PENN MANUFACTURING COMPANY, INC.Named in complaintNamed in settlement

Facilities (8)

• EAST PENN MFG CO INC/BATTERY ASSEMBLY

  102 DEKA RD, LYONS, PA, 19536

  Registry ID: 110043973322

• EAST PENN MANUFACTURING, INC.

  102 DEKA ROAD, LYON STATION, PA, 19536

  Registry ID: 110043973322

• EAST PENN MANUFACTURING, INC.

  102 DEKA ROAD, LYON STATION, PA, 19536

  Registry ID: 110043973322

• EAST PENN MANUFACTURING, INC.

  102 DEKA ROAD, LYON STATION, PA, 19536

  Registry ID: 110043973322

• EAST PENN MFG CO INC/BATTERY ASSEMBLY

  102 DEKA RD, LYONS, PA, 19536

  Registry ID: 110043973322

• EAST PENN MFG CO INC/BATTERY ASSEMBLY

  102 DEKA RD, LYONS, PA, 19536

  Registry ID: 110043973322

• EAST PENN MANUFACTURING, INC.

  102 DEKA ROAD, LYON STATION, PA, 19536

  Registry ID: 110043973322

• EAST PENN MFG CO INC/BATTERY ASSEMBLY

  102 DEKA RD, LYONS, PA, 19536

  Registry ID: 110043973322

Statutes cited

• RCRA 3017 — Export of Hazardous Waste
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• EAST PENN MANUFACTURING COMPANY, INC.entered 2019-09-05

  Primary law: RCRA

  Federal penalty: $28,000

Timeline (4 milestones)

• 2019-09-05Final Order Issued
• 2019-09-05Complaint Filed/Proposed Order
• 2019-09-10Enforcement Action Data Entered
• 2019-09-18Enforcement Action Closed