EPA v. JMC (USA) INC.

Case summary

COMPLAINT FILED 9/22/99 PROPOSING A PENALTY OF $31,417 COMPLAINT ALLEGES: COUNT I RESPONDENT DID NOT SUBMIT, ON OR BEFORE OCTOBER 17, 1987, OR WITHIN THREE MONTHS AFTER RESPONDENT FIRST BECAME SUBJECT TO OSHA'S MSDS REQUIREMENTS, AN MSDS OR A LIST INCLUDING THE REQUIRED INFORMATION ABOUT SULFURIC ACID TO THE LEPC, THE SERC AND THE FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY. IN VIOLATION OF EPCRA SECTION 311. COUNT II RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM (TIER I OR TIER II) THAT LISTED SULFURIC ACID BY MARCH 1, 1997, TO THE LEPC, THE SERC AND THE FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY. IN VIOLATION OF EPCRA SECTION 312(A). COUNT III RESPONDENT FAILED SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM (TIER I OR TIER II) THAT LISTED SULFURIC ACID BY MARCH 1, 1996, TO THE LEPC, THE SERC AND TH E FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY. IN VIOLATION OF EPCRA SECTION 312(A). COUNT IV AT SOME TIME DURING CALENDAR YEAR 1994 SULFURIC ACID WAS PRESENT AT THE FACILITY IN AN AMOUNT EQUAL TO OR GREATER THAN THE 5OO-POUND THRESHOLD LEVELS ESTABLISHED. COUNT V & VI RESPONDENT DID NOT SUBMIT A FORM R COVERING LEAD AND CHROMIU METAL TO THE ADMINISTRATOR OF EPA OR THE OFFICIAL DESIGNATED BY THE GOVERNOR OF NORTH CAROLINA FOR CALENDAR YEAR 1995 BY AUGUST 1, 1996. IN VIOLATION OF EPCRA SECTION 313. CACO ISSUED 9/22/99 ASSESSING A PENALTY OF $17,793. RESPON- DENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.

Defendants (1)

• JMC (USA) INC.Named in complaintNamed in settlement

Facilities (2)

• JMC USA INCORPORATED

  1 INNOVATION DR., RESEARCH TRIANGLE PARK, NC, 27709

  Registry ID: 110011888582

• JMC USA INCORPORATED

  1 INNOVATION DR., RESEARCH TRIANGLE PARK, NC, 27709

  Registry ID: 110011888582

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 311 — Material Safety Data Sheets (MSDS)

Enforcement conclusions (1)

• JMC (USA) INC.entered 1999-09-22

  Primary law: EPCRA

  Federal penalty: $17,793

Timeline (3 milestones)

• 1999-09-22Complaint Filed/Proposed Order
• 1999-09-22Final Order Issued
• 1999-09-23Enforcement Action Data Entered