EPA v. FOAM PACKAGING, INC.

Case summary

4/9/2013 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $55,405. RESPONDENT SHALL MAKE FOUR QUARTERLY PAYMENTS. THE FIRST PAYMENT OF $13,938.80 DUE WITHIN 30 DAYS OF THE RATIFIED CAFO. ORDER ALLEGES: VIOLATIONS OF EPCRA SECTION 313 RESPONDENT'S FACILITY PROCESSED METHYLENE CHLORIDE, A TOXIC CHEMICAL LISTED UNDER EPCRA SECTION 3139c) AND 40 CFR SECTION 372.65, IN EXCESS OF THE 25,000 POUND THRESHOLD QUANTITY ESTABLISHED UNDER EPCRA SECTION 313(f) AND 40 CFR SECTION 372.25, DURING CALENDAR YEARS 2010, 2009, AND 2008. RESPONDETN FAILED TO SUBMIT A FORM R FOR METHYLENE CHLORIDE TO THE ADMINISTRATOR OF EPA AND TO THE OFFICIAL DESIGNATED BY THE GOVERNOR OF THE STATE OF MISSISSPII BY JULY 1 OF THE REQUIRED REPORTING YEARS. RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTION 313 OF EPCRA., AT ITS FACILITY FOR CALENDAR YEARS 2010, 2009, AND 2008. VIOLATIONS OF SECTION 312 AT SOME TIME DURING THE CALENDAR YEARS 2010, 2009, AND 2008, METHYLENE CHLORIDE WAS PRESENT AT THE FACILITY IN AMOUNTS EQUAL TO OR GREATER THAN 10,000 POUNDS. RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR METHYLENE CHLORIDE TO THE SERC, THE LEPC, AND FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2010, 2009, AND 2008 BY MARCH 1 OF THE FOLLOWING YEAR. RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTION 312 OF EPCRA, AT ITS FACILITY FOR CALENDAR YEARS 2010, 2009, AND 2008 BY MARCH 1 OF THE FOLLOWING YEAR.

Defendants (1)

• FOAM PACKAGING, INC.Named in complaintNamed in settlement

Facilities (1)

• FOAM PACKAGING INC

  35 STENNIS DRIVE, VICKSBURG, MS, 39180-9175

  Registry ID: 110007646583

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• FOAM PACKAGING, INC.entered 2013-04-09

  Primary law: EPCRA

  Federal penalty: $55,405

Timeline (4 milestones)

• 2013-04-09Final Order Issued
• 2013-04-09Complaint Filed/Proposed Order
• 2013-04-22Enforcement Action Data Entered
• 2013-11-15Enforcement Action Closed