EPA v. PREFERRED COMPOUNDING CORP.

Case summary

12/18/2018 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $16,343. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP. ORDER ALLEGES: VIOLATION OF SECTION 313 OF EPCRA RESPONDENT'S TALLAPOOSA FACILITY PROCESSED ZINC COMPOUNDS IN EXCESS OF THE 25,000-POUND THRESHOLD QUANTITY FOR THE CHEMICAL ESTABLISHED UNDER SECTION 313(f) OF EPCRA, DURING CALENDAR YEAR 2015. RESPONDENT'S HUNTINGTON FACILITY PROCESSED ZINC COMPOUNDS IN EXCESS OF THE 25,000-POUND THRESHOLD ESTABLISHED UNDER SECTION 313(f) OF EPCRA, AND LEAD COMPOUNDS IN EXCESS OF THE 100 POUND THRESHOLD QUANTITY FOR THE CHEMICAL ESTABLISHED, DURING CALENDAR YEAR 2015. RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTION 313 OF EPCRA AT ITS TALLAPOOSA FACILITY BY FAILING TO SUBMIT THE REQUIRED FORM R FOR ZINC COMPOUNDS AND AT ITS HUNTINGTON FACILITY BY FAILING TO SUBMIT THE REQUIRED FORM R FOR ZINC COMPOUNDS AND LEAD COMPOUNDS FOR CALENDAR YEAR 2015, BY JULY 1 OF THE FOLLOWING YEAR. VIOLATION OF 312 OF EPCRA AT SOME TIME DURING CALENDAR YEAR 2015 AND 2014, ZINC OXIDE WAS PRESENT AT THE TALLAPOOSA FACILITY IN AN AMOUNT EQUAL TO OR GREATER THAN 10,000 POUNDS. RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR ZINC OXIDE TO THE SERC, THE LEPC, AND FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2015 AND 2014, BY MARCH 1 OF THE FOLLOWING YEAR. THE EPA ALLEGES THAT RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTION 312 OF EPCRA, AT ITS FACILITY FOR CALENDAR YEARS 2015 AND 2014.

Defendants (1)

• PREFERRED COMPOUNDING CORP.Named in complaintNamed in settlement

Facilities (11)

• PREFERRED COMPOUNDING CORP

  55 ASSOCIATED WAY, HUNTINGDON, TN, 38344

  Registry ID: 110038445938

• PREFERRED COMPOUNDING CORP

  55 ASSOCIATED WAY, HUNTINGDON, TN, 38344

  Registry ID: 110038445938

• PREFERRED COMPOUNDING CORPORATION

  101 STOFFEL DRIVE, TALLAPOOSA, GA, 30176

  Registry ID: 110057243772

• PREFERRED COMPOUNDING CORP

  55 ASSOCIATED WAY, HUNTINGDON, TN, 38344

  Registry ID: 110038445938

• PREFERRED COMPOUNDING CORPORATION

  101 STOFFEL DRIVE, TALLAPOOSA, GA, 30176

  Registry ID: 110057243772

• PREFERRED COMPOUNDING CORP

  55 ASSOCIATED WAY, HUNTINGDON, TN, 38344

  Registry ID: 110038445938

• PREFERRED COMPOUNDING CORP

  55 ASSOCIATED WAY, HUNTINGDON, TN, 38344

  Registry ID: 110038445938

• PREFERRED COMPOUNDING CORP

  55 ASSOCIATED WAY, HUNTINGDON, TN, 38344

  Registry ID: 110038445938

• PREFERRED COMPOUNDING CORP

  55 ASSOCIATED WAY, HUNTINGDON, TN, 38344

  Registry ID: 110038445938

• PREFERRED COMPOUNDING CORP

  55 ASSOCIATED WAY, HUNTINGDON, TN, 38344

  Registry ID: 110038445938

• PREFERRED COMPOUNDING CORP

  55 ASSOCIATED WAY, HUNTINGDON, TN, 38344

  Registry ID: 110038445938

Statutes cited

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

Enforcement conclusions (1)

• PREFERRED COMPOUNDING, CORP.entered 2018-12-18

  Primary law: EPCRA

  Federal penalty: $16,343 · SEP: $132,725

Timeline (4 milestones)

• 2018-12-18Complaint Filed/Proposed Order
• 2018-12-18Final Order Issued
• 2018-12-19Enforcement Action Data Entered
• 2019-02-05Enforcement Action Closed