EPA v. STABILIT AMERICA, INC.

Case summary

CONSENT AGREEMENT FINAL ORDER: 09/15/2026 This is an administrative penalty assessment proceeding brought under Section 325 of the Emergency Planning and Community Right-to-Know Act, 42 U.S.C.11045 (EPCRA or the Act) and Sections 22.13(b) and 22.18 of the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits (Consolidated Rules), as codified at Title 40 of the Code of Federal Regulations (C.F.R.), Part 22. Respondent has 10 or more full-time employees, as defined at 40 C.F.R. 372.3, at its Facility. Respondent's Facility is classified under the covered SIC code 3801 and NAICS code 326113, as described at 40 C.F.R. 372.22 and 40 C.F.R. 372.23. Respondent's Facility processed Antimony (III) Oxide and Zinc Borate in excess of the 25,000 pound threshold quantity for the chemical established under 313(f) of EPCRA, 42 U.S.C. 11023(f), and 40 C.F.R. 372.25, during calendar years 2021, 2022, and 2023. Respondent failed to submit a Form R for Antimony (III) Oxide and Zinc Borate to the EPA and to the State of Tennessee for calendar years 2021, 2022, and 2023 by July 1 of the following calendar years. Respondent is required under 29 C.F.R. 1910.1200(g) to prepare or have available an MSDS for hazardous chemicals under OSHA for Antimony (III) Oxide and Zinc Borate. At some time during calendar years 2021, 2022, and 2023, Antimony (III) Oxide, Solvent Naphtha (Petroleum), and Titanium Dioxide 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 Antimony (III) Oxide, Solvent Naphtha (Petroleum), and Titanium Dioxide 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 329(7) of EPCRA, 42 U.S.C. 11049(7), and 329(4) of EPCRA, 42 U.S.C. 11049(4), during the relevant period described herein. Respondent violated the reporting requirements of 313 of EPCRA by failing to submit the required Form R for Antimony (III) Oxide and Zinc Borate for calendar years 2021, 2022, and 2023 by July 1 of the following calendar years, and is therefore subject to the assessment of penalties under 325 of EPCRA, 42 U.S.C. 11045. Respondent violated the reporting requirements of 312 of EPCRA by failing to submit the required Emergency and Hazardous Chemical Inventory Form for Antimony (III) Oxide, Solvent Naphtha (Petroleum), and Titanium Dioxide 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 325 of EPCRA, 42 U.S.C. 11045. Respondent agrees to a civil penalty in the amount of $134,613.70 ( Assessed Penalty ), to be paid within thirty (30) calendar days after the Effective Date of this CAFO.

Defendants (1)

• STABILIT AMERICA, INC.Named in complaintNamed in settlement

Facilities (2)

• STABILIT AMERICA, INC.

  285 INDUSTRIAL DRIVE, MOSCOW, TN, 38057

  Registry ID: 110012706134

• STABILIT AMERICA INC

  425 INDUSTRIAL DRIVE, MOSCOW, TN, 38057-3468

  Registry ID: 110012706134

Statutes cited

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

Enforcement conclusions (1)

• STABILIT AMERICA, INC.entered 2026-09-15

  Primary law: EPCRA

  Federal penalty: $134,614

Timeline (3 milestones)

• 2026-09-15Final Order Issued
• 2026-09-15Complaint Filed/Proposed Order
• 2026-09-21Enforcement Action Data Entered