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Settlements Ensure that 3 Companies Comply with Public Right-to-Know Rules

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Category: Compliance/Enforcement
Type: News
Source: EPA
Date: Friday, November 6th, 2015

BOSTON - 2 Massachusetts companies, and one company in Connecticut will pay penalties and take actions to ensure they are following federal reporting requirements for use of hazardous chemicals. These enforcement actions by the E.P.A. will help ensure that the public is aware of the potential for chemical delivers in their communities. The companies involved in these settlements are KT Acquisition, Worcester, Mass., Suddekor, East Longmeadow, Mass.; and Laticrete, Bethany, Conneticut All 3 companies have now taken steps to provide the required reports.

Suddekor LLC of East Longmeadow, Massachusetts will pay a penalty of $42,569 to settle E.P.A. allegations that it failed 3 years in a row to report its use of a nitrate compound, as required by the federal Emergency Planning and Community Right-to-know Act (EPCRA). E.P.A. alleged that Suddekor failed to file the federal Toxic Release Inventory (TRI) Forms for a water dissociable nitrate compound in 2011, 2012 and 2013.

KT Acquisition of Worcester, Massachusetts will pay a penalty of $10,584 to settle E.P.A. allegations that it failed to submit TRI information in a timely fashion for reporting year 2012, for several chemicals, including nickel, cobalt and chromium. The company filed the required information in excess of 200 days late.

Laticrete International, Incorporated of Bethany, Conneticut will pay a civil penalty of $21,078 and will complete a $20,000 "supplemental environmental project" (SEP) for the Town of Bethany Fire Department, to resolve E.P.A. allegations that the company violated EPCRA by failing to complete and submit Forms for several chemicals as required under TRI. The chemicals including ethylene glycol and lithium carbonate processed at the company's Bethany facility in 2011 and 2013. Laticrete will also certify that it is currently operating in compliance with Section 313 of EPCRA and associated regulations. Under terms of the settlement, Laticrete will purchase and donate emergency response equipment to the Bethany Fire Company, including computers that will allow for field access of chemical and emergency response information, monitoring equipment to perform field readings and monitoring of conditions during hazardous materials incidents, and for personal protection of emergency responders who might encounter hazardous chemicals in the field.

Failure of facilities to file TRI forms deprive local community members and officials of their right to know about delivers and the presence of chemicals in the neighborhood. EPA's enforcement of these requirements underscores the importance of reporting requirements contained in EPCRA so that local communities are not deprived of information about chemical delivers that may affect public health and the environment.

More information about the Emergency Planning and Community Right-to-know Act (EPCRA): http://www2.epa.gov/epcra

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