EPA v. CHEMALLOY COMPANY, LLC

Case summary

On September 1, 2023, Region III filed a Consent Agreement and Final Order regarding two violations of Section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 ( EPCRA ), 42 U.S.C. 11023, by Chemalloy Company, LLC ( Respondent ), who manufacturers of alloy and metal powders at its facility located at 1301 Conshohocken Road, Conshohocken, Pennsylvania ( Facility ). The Facility is located in an area where six (6) of the 13 State Primary EJ Indexes were at or above the 80th percentile and none of the 13 National Primary EJ Indexes were at or above the 80th percentile. In addition, two (2) of the seven (7) socioeconomic indicators exceed the 80th percentile in the state and one (1) of the seven (7) socioeconomic indicators exceed the 80th percentile in the nation. Therefore, there are potential EJ concerns for the area surrounding this Facility. This CAFO resolves violations discovered by EPA during a Compliance Evaluation Inspection of Respondent?s Facility on October 3, 2022, to review compliance with EPCRA Section 313 reporting requirements. Because the company otherwise uses toxic chemicals in quantities above established thresholds, it has a statutory requirement to report the toxic chemicals for the benefit of the public including emergency responders that could be called to the Facility. During calendar years 2019 through 2021, the Facility processed toxic chemicals, in quantities above the required reporting threshold of 25,000 pounds without filing a complete Form R 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 $109,000.00 to resolve these eleven (11) violations of EPCRA Section 313 and the associated federal regulations of 40 C.F.R. Part 372. EPA contacted the State of Pennsylvania regarding this matter, and the State has raised no objections.

Defendants (1)

• CHEMALLOY COMPANY, LLCNamed in complaintNamed in settlement

Facilities (2)

• CHEMALLOY COMPANY, LLC

  1301 CONSHOHOCKEN ROAD, CONSHOHOCKEN, PA, 19428

  Registry ID: 110000337617

• CHEMALLOY CO CONSHOHOCKEN FAC

  1301 CONSHOHOCKEN ROAD, CONSHOHOCKEN, PA, 19428

  Registry ID: 110000337617

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• CHEMALLOY COMPANY, LLCentered 2023-09-01

  Primary law: EPCRA

  Federal penalty: $109,000

Timeline (4 milestones)

• 2023-09-01Final Order Issued
• 2023-09-01Enforcement Action Data Entered
• 2023-09-01Complaint Filed/Proposed Order
• 2023-09-06Enforcement Action Closed