EPA v. Hydro Aluminum (NOD)

Case summary

5/21/03 - NOD ISSUED. Violation 1: Hydro failed to notify the State Emergency Response Commission (SERC) within 60 days after sulfuric acid, an Extremely Hazardous Substance (EHS), was present in excess of the threshold planning quantity, as required by Section 302 of EPCRA. On August 2, 2002, Hydro submitted a letter making this notification to the SERC. Violation 2: Hydro failed to notify the LEPC of a designated facility representative who will participate in the emergency planning process as a facility emergency response coordinator, as required by Section 303 of EPCRA. On August 2, 2002, Hydro submitted a letter to the LEPC making this notification. Violation 3: Hydro failed to submit an MSDS for oxygen, argon, sulfuric acid, and manganese briquettes to the SERC, the LEPC, and the fire dept with jurisdiction over the facility within 3 months after being required to prepare or have available an MSDS under OSHA as required by Section 311 of EPCRA, for the year 2001. On August 2, 2002, Hydro met this reporting requirement. Violation 4: Hydro failed to timely submit a Tier II form for oxygen, sulfuric acid, and manganese briquettes to the SERC, the LEPC, and the fire dept with jurisdiction over the facility as required by EPCRA Section 312, for the year 2001. Violation 5: Hydro failed to submit a Toxics Release Inventory (TRI) report for lead and manganese to the EPA and the state of KY, as required by Section 313 of EPCRA, for the calendar year 2001. On August 2, 2002, Hydro submitted the TRI reports for calendar year 2001 to the appropriate agencies

Defendants (1)

• HYDRO ALUMINUMNamed in settlement

Facilities (6)

• HYDRO ALUMINUM METALS USA LLC

  5801 RIVERPORT RD, HENDERSON, KY, 42420

  Registry ID: 110000766449

• HYDRO ALUMINUM METALS USA LLC

  5801 RIVERPORT RD, HENDERSON, KY, 42420

  Registry ID: 110000766449

• HYDRO ALUMINUM METALS USA LLC

  5801 RIVERPORT RD, HENDERSON, KY, 42420

  Registry ID: 110000766449

• HYDRO ALUMINUM METALS USA LLC

  5801 RIVERPORT RD, HENDERSON, KY, 42420

  Registry ID: 110000766449

• HYDRO ALUMINUM METALS USA LLC

  5801 RIVERPORT RD, HENDERSON, KY, 42420

  Registry ID: 110000766449

• HYDRO ALUMINUM METALS USA LLC

  5801 RIVERPORT RD, HENDERSON, KY, 42420

  Registry ID: 110000766449

Statutes cited

• EPCRA 303 — Comprehensive Emergency Response Plans
• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• EPCRA 311 — Material Safety Data Sheets (MSDS)
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 302 — Substances and Facilities Covered and Notification

Enforcement conclusions (1)

• Hydro Aluminum (NOD)entered 2003-05-21

  Primary law: EPCRA

Timeline (3 milestones)

• 2003-05-21Enforcement Action Closed
• 2003-05-21Final Order Issued
• 2003-06-13Enforcement Action Data Entered