EPA v. THE TIMKEN COMPANY

Case summary

3/31/2011 - NOTICE OF DETERMINATION ISSUED. IN A JULY 16, 2010 E-DISCLOSURE SUBMITTED TO EPA, THE TIMKEN COMPANY DISCLOSED POTENTIAL VIOLATIONS OF EPCRA 313, DUE TO ITS FACILITY TO TRI REPORTS FOR CHROMIUM FOR THE 2005, 2006, 2007, 2008, 2009, REPORTING YEARS. ALL VIOLATIOINS WERE CORRECTED WITHIN 60 OF DISCOVERY. PURSUANT TO THE AUDIT POLICY, AND BASED ON INFORMATION PROVIDED BY THE TIMKEN COMPANY, EPA MAKES THE FOLLOWING FINAL DETERMINATION: THE TIMKEN COMPANY DID NOT VIOLATE EPCRA 313 REPORTING REQUIREMENTS FOR CHROMIUM FOR THE YEARS 2005 AND 2009 BECAUSE IT DID NOT PROCESS ENOUGH CHROMIUM DURING THOSE 2 YEARS TO TRIGGER THE REPORTING REQUIREMENTS. THE TIMKEN COMPANY DID VIOLATE EPCRA 313 REPORTING REQUIREMENTS FOR CHROMIUM FOR THE YEARS 2006, 2007, 2008; HOWEVER, THE SELF-DISCLOSURE MET THE CONDITIONS OF THE AUDIT POLICY FOR 100 PERCENT ELIMINATION OF GRAVITY-GASED PENALTIES FOR THESE VIOLATIONS. EPA WILL NOT SEEK GRAVITY-BASED PENALTIES FOR THESE VIOLATIONS. IN ADDITION, BASED ON AVAILABLE INFO, EPA CONCLUDES THAT THE TIMKEN COMPANY OBTAINED NO ECOMONIC BENEFIT FROM THE DISCLOSED VIOLATIONS; THEREFORE, NO ECONOMIC BENEFIT PENALTY WILL BE SOUGHT IN CONNECTION WITH THESE VIOLATIONS.

Defendants (1)

• TIMKEN COMPANYNamed in settlement

Facilities (1)

• TIMKEN CO

  KATHLEEN DRIVE, PULASKI, TN, 38478

  Registry ID: 110000605131

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• THE TIMKEN COMPANYentered 2011-03-31

  Primary law: EPCRA

Timeline (3 milestones)

• 2011-03-31Final Order Issued
• 2011-03-31Enforcement Action Closed
• 2011-04-05Enforcement Action Data Entered