EPA v. SMYRNA READY MIX CONCRETE

Case summary

On September 30, 2024, 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 Smyrna Ready Mix Concrete, LLC ( Respondent ), who manufacturers cement at its facility located at 4607 Racrete Road, Richmond, Virginia ( Facility ). The Facility is located in an area where one (1) of the thirteen (13) State Supplemental EJ Indexes were at or above the 90th percentile and seven (7) of the thirteen (13) Nation Supplemental EJ Indexes were at or above the 90th percentile. Finally, four (4) of the eight (8) socioeconomic indicators exceed the state average including the low income and/or people of color population(s) (if applicable). Therefore, there are potential EJ concerns for this Facility. This CAFO resolves violations discovered by EPA during a Compliance Evaluation Inspection of Respondent's Facility on March 1, 2023, 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 toxic chemicals for the benefit of the public including emergency responders that could be called to the Facility. During calendar years 2020 and 2021, the Facility processed the toxic chemical, lead compounds, in quantities above the required reporting threshold of 100 pounds without filing a Form R or Form A with both EPA and the Commonwealth of Virginia 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 $11,489.00 to resolve these two violations of EPCRA Section 313 and the associated federal regulations of 40 C.F.R. Part 372. EPA contacted the Commonwealth of Virginia regarding this matter, and the Commonwealth has raised no objections.

Defendants (1)

• SMYRNA READY MIX CONCRETENamed in complaintNamed in settlement

Facilities (1)

• SMYRNA READY MIX CONCRETE

  4607 RACRETE ROAD, RICHMOND, VA, 23230

  Registry ID: 110070569170

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• SMYRNA READY MIX CONCRETEentered 2024-09-30

  Primary law: EPCRA

  Federal penalty: $11,489

Timeline (4 milestones)

• 2024-09-30Final Order Issued
• 2024-09-30Complaint Filed/Proposed Order
• 2024-10-02Enforcement Action Data Entered
• 2024-10-08Enforcement Action Closed