EPA v. PPC LUBRICANTS, LLC

Case summary

On June 21, 2024, EPA Region III entered into a Consent Agreement and Final Order with PPC LUBRICANTS, LLC ( Respondent ) alleging violations of EPCRA and its implementing regulations. Respondent owned and operated a manufacturing plant which produces, distributes and repackages various lubricants for the automotive industry and for commercial and industrial equipment. EPA conducted a Compliance Evaluation Inspection ( CEI ) of the operations and activities of the Respondent at the Facility to determine the Facility's compliance status with the Toxics Release Inventory ( TRI ) reporting requirements under Section 313 of EPCRA and the regulations codified at 40 C.F.R. Part 372. EPA's records indicate that, at the time of the CEI, the Facility timely submitted toxic chemical release reports, Forms A, for the toxic chemical ethylene glycol, and for the toxic chemical category zinc compounds, for only calendar year 2021. However, evidence collected during the CEI revealed that the Facility had failed to submit its required TRI reports for ethylene glycol and zinc compounds for 2019 and 2020 by the July 1, 2020, and July 1, 2021, reporting deadlines, respectively. The failure to timely report for two (2) chemicals for two (2) years constitutes four (4) potential violations of Section 313(a) of EPCRA, 42 U.S.C. 11023(a) and 40 C.F.R. 372.30. On November 29, 2023, the EPA issued a Notice of Potential Violation and Opportunity to Confer ( NOPVOC') to Respondent addressing these potential violations. Calculation of an initial gravity-based penalty ('GBP') of $83,466 was based upon EPA's Enforcement Response Policy for Section 313 of the Emergency Planning and Community Right to Know Act (1987) and Section 6607 of the Pollution Prevention Act (1990) (April 12, 2001) ( EPCRA ERP ), and the appropriate Adjustment of Civil Monetary Penalties for Inflation, pursuant to 40 C.F.R. Part 19. The EPCRA ERP allows for up to a 30% reduction for good faith, cooperation, and prompt return to compliance. EPA and Respondent reached an agreement in principle for the full 30% penalty reduction, thereby reducing the penalty to $58,426. In this case, Respondent cooperated with EPA during the inspection and the settlement negotiations. In addition, Respondent submitted its required TRI reports for 2019 and 2020 on June 26, 2023, 20 days after the CEI. For the area around PPC Lubricants, eight (8) of the 13 Primary EJ Indexes were at or above the 90th percentile for the 1-mile average group in the nation, 12 of the 13 Primary EJ Indexes were at or above the 90th percentile for the 1-mile average group in the state, 11 of the 13 Primary EJ Indexes were at or above the 90th percentile for the block group in the nation, and all 13 Primary EJ Indexes were at or above the 90th percentile in block group for the state. Therefore, there are potential EJ concerns for this address. On January 29, 2024, EPA notified the State TRI contact, Patricia S. Williams, EPCRA Coordinator for the Maryland Department of the Environment, and there were no concerns raised.

Defendants (1)

• PPC LUBRICANTS, LLCNamed in complaintNamed in settlement

Facilities (2)

• PPC LUBRICANTS, LLC

  801 N. KRESSON STREET, BALTIMORE, MD, 21205

  Registry ID: 110063585972

• PPC LUBRICANTS, INC.

  801 N. KRESSON STREET, BALTIMORE, MD, 21205

  Registry ID: 110063585972

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• PPC LUBRICANTS, LLCentered 2024-06-21

  Primary law: EPCRA

  Federal penalty: $58,426

Timeline (4 milestones)

• 2024-06-21Final Order Issued
• 2024-06-21Complaint Filed/Proposed Order
• 2024-06-26Enforcement Action Data Entered
• 2024-07-10Enforcement Action Closed