EPA v. EGYPTIAN LACQUER MANUFACTURING COMPANY

Case summary

8/21/08 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $8,061 FOR THE CERCLA VIOLATION. RESPONDENT SHALL ALSO PAY A PENALTY OF $8,061 FOR THE EPCRA VIOLATION. PENALTY DUE WITHIN 30 DAYS. ON OR BEFORE FEB 13, 2007, RESPONDENT HAD A RELEASE OF TOLUENE ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT RESPONDENT HAD CONSTRUCTIVE KNOWLEDGE OF THE RELEASE OF TOLUENE BEFORE FEBRUARY 8, 2008, BUT DID NOT NOTIFY THE NRC UNTIL FEB 13, 2008. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 103(a) OF CERCLA, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD CONSTRUCTIVE KNOWLEDGE OF THE RELEASE OF TOLUENE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. ON OR BEFORE FEB 13, 2007, RESPONDENT HAD A RELEASE OF ACETONE ABOVE THE RQ AT THE FACILITY. EOA ALLEGES THAT RESPONDENT HAD CONSTRUCTIVE KNOWLEDGE OF THE RELEASE OF ACETONE BEFORE FEB 8, 2008, BUT DID NOT NOTIFY THE NRC UNTIL FEB 13, 2008. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 103(a) OF CERCLA BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD CONSTRUCTIVE KNOWLEDGE OF THE RELEASE OF ACETONE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. ON OR BEFORE FEB 13, 2007, RESPONDENT HAD A RELEASE OF TOLUENE ABOVE THE RQ AT ITS FACILITY. EPA ALLEGES THAT RESPONDENT HAD CONSTRUCTIVE KNOWLEDGE OF THE RELEASE OF TOLUENE BEFORE FEB 8, 2008, BUT DID NOT NOTIFY THE NRC UNTIL FEB 13, 2008. RESPONDENT VIOLATE THE NOTIFICATION REQUIREMENTS OF SECTION 304(a) OF EPCRA BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD CONSTRUCTIVE KNOWLEDGE OF THE RELEASE OF TOLUENE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY. ON OR BEFORE FEB 13, 2007, RESPONDENT HAD A RELEASE OF ACETONE ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT RESPONDENT HAD CONSTRUCTIVE KNOWLEDGE OF THE RELEASE OF ACETONE BEFORE FEB 8, 2008, BUT DID NOT NOTIFY THE NRC UNTIL FEB 13, 2008. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(a) OF EPCRA BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD CONSTRUCTIVE KNOWLEDGE OF THE RELEASE OF ACETONE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• EGYPTIAN LACQUER MANUFACTURING COMPANY (SB)Named in complaint

Facilities (2)

• EGYPTIAN LACQUER MANUFACTURING CO

  113 FORT GRANGER DRIVE, FRANKLIN, TN, 370642918

  Registry ID: 110000370045

• EGYPTIAN LACQUER MANUFACTURING CO

  113 FORT GRANGER DRIVE, FRANKLIN, TN, 370642918

  Registry ID: 110000370045

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 304 — Emergency Release Notification Section 313 Program

Enforcement conclusions (1)

• EGYPTIAN LACQUER MANUFACTURING COMPANYentered 2008-08-21

  Primary law: EPCRA

  Federal penalty: $16,122

Timeline (4 milestones)

• 2008-08-21Final Order Issued
• 2008-08-21Complaint Filed/Proposed Order
• 2008-08-27Enforcement Action Data Entered
• 2008-09-19Enforcement Action Closed