EPA Fines Companies for Alleged Violations of the Emergency Planning and Community Right to Know Act

EPA Fines Companies for Alleged Violations of the Emergency Planning and Community Right-to-Know Act

September 30, 2024

EPA Fines Companies for Alleged Violations of the Emergency Planning and Community Right-to-Know Act

ATLANTA(September 30, 2024) - During 2024, the U.S. Environmental Protection Agency reached multiple administrative settlement agreements with various companies across the Southeast Region, resolving allegations that the companies violated the Tier II reporting requirements of the Emergency Planning and Community Right-to-Know Act (EPCRA) Section 312 and the Toxic Release Inventory (TRI) reporting requirements of EPCRA Section 313.

"Citizens have a right to know about dangerous and toxic substances in their communities," said Keriema Newman, Director of the Enforcement and Compliance Assurance Division in EPA's Southeast Region. "There are homes, schools, businesses, fire stations, and churches near these facilities - which in some cases are near population centers. EPA's action underscores the importance of companies understanding the hazards of using hazardous substances like compounds containing lead and using that knowledge to undertake safe handling and management practices to protect public safety."

The purpose of submitting Tier II forms is to provide state, tribal, and local officials, and the public with specific information about potential hazards. This includes the locations, as well as the amount, of hazardous chemicals present at facilities during the previous calendar year.

Under federal TRI regulations, companies that use certain listed toxic chemicals must report their releases of those chemicals each year to EPA using EPA Form 9350-1 (Form R). This information serves as the basis for the TRI, which is a collection of data that can be readily reviewed by communities, government, and industry. With the information being publicly available, companies have an incentive to reduce harmful chemical use and improve their environmental performance. TRI reporting informs surrounding communities about a facility's toxic chemicals that could potentially harm public health and the environment and offers transparency.

The Carlstar Group - On April 15, 2024, a Consent Agreement and Final Order (CAFO) was filed in the matter of The Carlstar Group located in Clinton, Tennessee. The CAFO resolves alleged violations of Section 313 of EPCRA for failure to report certain chemicals on the company's Form R. The CAFO requires the company to pay a civil penalty of $66,392.

Karnak-South, Inc. - On June 11, 2024, a CAFO was filed regarding Karnak-South, Inc., located in Fort Lauderdale, Florida. The CAFO resolves alleged violations of Section 313 of the EPCRA for failing to submit the required Form R for 1,2,4-Trimethylbenzene processed at the facility during calendar years 2020 and 2021. The CAFO requires the company to pay a penalty of $12,639.

Purafil Inc. - On July 8, 2024, a CAFO was filed in the matter of Purafil, Inc. located in Doraville, Georgia. The CAFO resolves alleged violations of Sections 312 and 313 of EPCRA for failure to timely file Tier II and Form R reports. The CAFO requires the company to pay a civil penalty of $82,700.

Nidec Elesys Americas Corporation - On July 8, 2024, a CAFO was filed regarding Nidec Elesys Americas Corporation located in Suwanee, Georgia. The CAFO resolves alleged violations of Section 313 of EPCRA for failing to submit the required Form R for lead compounds processed at the facility during calendar years 2021 and 2022. The CAFO requires the company to pay a penalty of $34,730.

Englander Enterprises - On July 8, 2024, a CAFO was filed regarding Englander Enterprises, Inc., d.b.a. EEI Manufacturing Services, located in Clearwater, Florida. The CAFO resolves alleged violations of Section 313 of EPCRA for failing to submit the required Form R for lead processed at the facility during calendar years 2021 and 2022. The CAFO requires the company to pay a penalty of $38,425.

Hussmann Corporation - On July 16, 2024, a CAFO was filed regarding Hussmann Corporation located in Suwanee, Georgia. The CAFO resolves alleged violations of Section 313 of EPCRA for failing to submit the required Form R for chromium, copper, and manganese processed at the facility during calendar year 2021. The CAFO requires the company to pay a penalty of $74,123.

For more information about the Toxics Release Inventory Program, please visit EPA's TRI webpage.

For more information about EPCRA, please visit EPA's EPCRA webpage.

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