EPA v. MAPEI Corporation - Powder Plant G5

Case summary

JANUARY 21, 2025 - CONSENT AGREEMENT Respondent's Facility processed lithium carbonate in excess of the 25,000 pound threshold quantity for the chemical established under Section 313(f) of EPCRA, 42 U.S.C. ? 11023(f), and 40 C.F.R. ? 372.25, during calendar year 2022. Respondent failed to submit a Form R for lithium carbonate to EPA and to the State of Georgia for calendar year 2022 by July 1, 2023. Respondent is required under 29 C.F.R. ?1910.1200(g) to prepare or have available an MSDS for hazardous chemicals under OSHA for Tylose MHB 3000 P2, lmerys 40-200 MHI limestone, and Poraver 0.1-0.4 MM CDN. At some time during calendar years 2021, 2022 and 2023, Tylose MHB 3000 P2, lmerys 40-200 MHI limestone, and Poraver 0.1-0.4 MM CDN were present at the 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 Tylose MHB 3000 P2, lmerys 40-200 MHI limestone, and Poraver 0.1-0.4 MM CDN, to the SERC, LEPC, and fire department with jurisdiction over the Facility for calendar years 2021, 2022 and 2023 by March 1 of the following calendar years. Respondent is a person and is the owner and operator of the Facility which is a facility, as those terms are defined in Section 329(7) of EPCRA, 42 U.S.C. ? 11049(7), and Section 329(4) of EPCRA, 42 U.S.C. ? 11049(4), during the relevant period described herein. Respondent violated the reporting requirements of Section 313 of EPCRA by failing to submit the required Form R for lithium carbonate for calendar year 2022 by July 1, 2023, and is therefore subject to the assessment of penalties under Section 325 of EPCRA, 42 U.S.C. ? 11045. Respondent violated the reporting requirements of Section 312 of EPCRA by failing to submit the required Emergency and Hazardous Chemical Inventory Form for Tylose MHB 3000 P2, lmerys 40-200 MHI limestone, and Poraver 0.1-0.4 MM CDN, for calendar years 2021, 2022 and 2023 by March 1 of the following calendar years and is therefore subject to the assessment of penalties under Section 325 of EPCRA, 42 U.S.C. ? 11045. Respondent agrees to pay a civil penalty in the amount of $17,914.00 ( Assessed Penalty ) within thirty (30) calendar days after the Effective Date of this CAFO.

Defendants (1)

• MAPEI Corporation - Powder Plant G5Named in complaintNamed in settlement

Facilities (1)

• MAPEI CORPORATION

  2308 DALTON INDUSTRIAL COURT, DALTON, GA, 30721

  Registry ID: 110070064719

Statutes cited

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

Enforcement conclusions (1)

• MAPEI Corporation - Powder Plant G5entered 2025-01-21

  Primary law: EPCRA

  Federal penalty: $17,914

Timeline (3 milestones)

• 2025-01-21Final Order Issued
• 2025-01-21Complaint Filed/Proposed Order
• 2025-03-19Enforcement Action Data Entered