EPA v. FOSECO

Case summary

SECTION 313 OF EPCRA 40 CFR PART 372 REQUIRE THAT OWNERS OR OPERATORS OF A FACILITY WHICH HAS 10 OR MORE FULL-TIME EMPLOYEES AND A STANDARD INDUSTRIAL CLASSIFICATION CODE BETWEEN 20 AND 39, AND WHICH MANUFACTURES, IMPORTS, PROCESSES, OR OTHERWISE USES A TOXIC CHEMICAL IDENTIFIED AT SECTION 313(C) OF EPCRA, AND LISTED AT 40 CFR SECTION 372.65 IN AMOUNTS THAT EXCEED THE THRESHOLD FOR REPORTING, AS SET FORTH IN SECTION 313(F) OF EPCRA, MUST COMPLETE AND SUBMIT TO THE ADMINISTRATOR OF USEPA AND THE STATE NO LATER THAN JULY 1, 1988, AND EACH JULY 1, THERAFTER, A CHEMICAL RELEASE FORM PUBLISHED PURSUANT TO SECTION 313(G) OF EPCRA FOR EACH CHEMICAL. - DURING THE CALENDAR YEAR 1987 FOSECO PROCESSED ALUMINUM (FUME & DUST), HEXACHLOROETHANE, ETHYLENE GLYCOL, SULFURIC ACID, CHROMIUM, BARIUM AND MANGANESE IN QUANTITIES EXCEEDING 75,000 LBS. RESPONDENT FAILED TO SUBMIT TO THE ADMINISTRA- TOR OF EPA ON OR BEFORE JULY 1, 1988, A CHEMICAL RELEASE FORM FOR THESE CHEMICALS AND IS THEREFORE IN VIOLATION OF SECTION 313 OF EPCRA.

Defendants (1)

• FOSECONamed in complaintNamed in settlement

Facilities (1)

• FOSECO

  20200 SHELDON RD, BROOKPARK, OH, 44142

  Registry ID: 110000388063

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• FOSECOentered 1990-08-09

  Primary law: EPCRA

  Federal penalty: $127,000

Timeline (5 milestones)

• 1990-07-20Complaint Filed/Proposed Order
• 1990-08-06Enforcement Action Data Entered
• 1990-08-09Final Order Issued
• 1990-08-09Compliance Achieved
• 1990-08-09Enforcement Action Closed