EPA ISSUES PENALTIES FOR EPCRA VIOLATIONS

EPA ISSUES PENALTIES FOR EPCRA VIOLATIONS

Earlier this month, the EPA issued a $26,000 civil penalty to Edge Tech Industries, a circuit board and contract manufacturer in Iowa. The penalty was assessed because the company failed to submit annual reports listing the quantities of toxic lead it manufactured, processed, or otherwise used for a three year period in compliance with the Emergency Planning and Community Right-to-Know Act (“EPCRA”).

The EPCRA does not limit which chemicals can be stored, used, released, disposed, or transferred at a facility; however, it does require a facility to document, notify, and report information related to those chemicals. The purpose of this reporting is to increase community awareness of chemical hazards and to facility emergency planning.

A company is required to report under the EPCRA if it has over 10,000 pounds of hazardous materials or 500 pounds of extremely hazardous materials on site (or less as provided by the EPA). In addition, a company must immediately report any accidental release of a chemical subject to EPCRA regulations. If you have significant quantities of chemicals that require Material Safety Data Sheets pursuant to OSHA, you should review current compliance with the EPCRA to avoid reporting violations.