EPA v. INTERNATIONAL PROCESSING CORP (NOD)

Case summary

8/15/03 - NOD ISSUED. 7/11/02 - RESPONDENT DISCLOSED TO EPA THE FOLLOWING VIOLATIONS AT ITS WINCHESTER, KY, FACILITY: VIOLATION 1: INTERNATIONAL FAILED TO SUBMIT MATERIAL SFETY DATA SHEETS (MSDSs) FOR SULFURIC ACID AND LEAD TO THE STATE EMERGENCY RESPONSE COMMISSION (SERC) THE LOCAL EMERGENCY PLANNING COMMITTEE (LEPC) AND THE FIRE DEPT WITH JURISDICTION OVER THE FACILITY WITHIN 3 MONTHS AFTER BEING REQUIRED TO PREPARE TO HAVE AVAILABLE A MSDS FOR SULFURIC ACID AND LEAD UNDER THE OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970, AND AS REQUIRED BY SECTION 311 OF EPCRA. INTERNATIONAL SUBMITTED THE MSDSs ON JULY 31, 2002. VIOLATION 2: INTERNATIONAL FAILED TO SUBMIT A COMPLETE AND ACCURATE TIER II REPORT TO INCLUDE SULFURIC ACID AND LEAD, TO THE SERC, THE LEPC, AND THE FIRE DEPT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEAR 2001 AS REQUIRED BY SECTION 312 OF EPCRA. INTERNATIONAL SUBMITTED THE REPORT ON JULY 31, 2002. VIOLATION 3: INTERNATIONAL FAILED TO TIMELY SUBMIT A TOXICS RELEASE INVENTORY (TRI) REPORT FOR LITHIUM CARBONATE TO THE EPA AND THE STATE OF KENTUCKY FOR CALENDAR YEARS 1999 AND 2000, AS REQUIRED BY SECTION 313 OF EPCRA. INTERNATIONAL SUBMITTED THIS REPORTS ON JULY 11, 2002. VIOLATION 4: INTERNATIONAL FAILED TO NOTIFY THE SERC WITHIN 60 DAYS AFTER SULFURIC ACID, AN EXTREMELY HAZARDOUS SUBSTANCE (EHS) WAS PRESENT IN EXCESS OF THE THRESHOLD PLANNING QUANTITY (TPQ) AS REQUIRED BY SECTION 302 OF EPCRA. INTERNATIONAL SUBMITTED THE NOTIFICATION ON JULY 31, 2002

Defendants (1)

• INTERNATIONAL PROCESSING CORPNamed in settlement

Facilities (4)

• INTERNATIONAL PROCESSING CORPORATION

  1100 ENTERPRISE DRIVE, WINCHESTER, KY, 40391

  Registry ID: 110013843975

• INTERNATIONAL PROCESSING CORPORATION

  1100 ENTERPRISE DRIVE, WINCHESTER, KY, 40391

  Registry ID: 110013843975

• INTERNATIONAL PROCESSING CORPORATION

  1100 ENTERPRISE DRIVE, WINCHESTER, KY, 40391

  Registry ID: 110013843975

• INTERNATIONAL PROCESSING CORPORATION

  1100 ENTERPRISE DRIVE, WINCHESTER, KY, 40391

  Registry ID: 110013843975

Statutes cited

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

Enforcement conclusions (1)

• INTERNATIONAL PROCESSING CORP (NOD)entered 2003-08-15

  Primary law: EPCRA

Timeline (3 milestones)

• 2003-08-15Enforcement Action Closed
• 2003-08-15Final Order Issued
• 2003-09-16Enforcement Action Data Entered