EPA v. Root-Lowell Manufacturing Co. (Lowell) CAFO

Case summary

During an EPCRA 311/312 compliance inspection, it was discovered that the facility had sulfuric acid and lead on-site in their lead-sulfuric acid batteries in quanitities above the minimum threshold levels (MTLs) for these substances for calendar years 2007 - 2010. Respondent had never submitted Tier II forms and MSDSs for these substances to the SERC, LEPC and local fire department for these years. The first Tier II form, for calendar year 2010, was submitted over a month past the reporting deadline. The Tier II forms for 2012 were submitted on time. On 11/21/2011, the EPA mailed a Notice of Intent letter to Root-Lowell with a proposed penalty of $60,167. Subsequently EPA found additional hazardous chemical reporting violations and increased the penalty to $174,501. The facility claimed inability to pay any penalty and provided the financial information to support this claim. The EPA determined that a $0. settlement is appropriate in that the company genuinely has an inability to pay and has now come into compliance submitting Tier II forms by the required deadlines.

Defendants (1)

• Root-Lowell Manufacturing Co. (Lowell, MI)Named in complaintNamed in settlement

Facilities (6)

• ROOT-LOWELL MFG CO

  1000 FOREMAN RD, LOWELL, MI, 49331

  Registry ID: 110001320026

• ROOT-LOWELL MFG CO

  1000 FOREMAN RD, LOWELL, MI, 49331

  Registry ID: 110001320026

• ROOT-LOWELL MFG CO

  1000 FOREMAN RD, LOWELL, MI, 49331

  Registry ID: 110001320026

• ROOT-LOWELL MFG CO

  1000 FOREMAN RD, LOWELL, MI, 49331

  Registry ID: 110001320026

• ROOT-LOWELL MFG CO

  1000 FOREMAN RD, LOWELL, MI, 49331

  Registry ID: 110001320026

• ROOT-LOWELL MFG CO

  1000 FOREMAN RD, LOWELL, MI, 49331

  Registry ID: 110001320026

Statutes cited

• EPCRA 311 — Material Safety Data Sheets (MSDS)
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms

Enforcement conclusions (1)

• Root-Lowell Manufacturing Co. (Lowell) CAFOentered 2012-04-10

  Primary law: EPCRA

Timeline (5 milestones)

• 2012-04-10Final Order Issued
• 2012-04-10Enforcement Action Closed
• 2012-04-10Complaint Filed/Proposed Order
• 2012-04-10Pipeline Closed
• 2012-04-13Enforcement Action Data Entered