EPA Waives Violation Fines for California Companies

The Environmental Protection Agency announced today that ten California companies have had fines waived due to voluntary reporting of violations as well as self-correcting those violations. The violations in question were all deemed not serious or potentially harmful to people or the environment.

EPA policies allow for fines to be waived if a company itself finds and reports the violation. The self-disclosure policy does stipulate that the companies make quick corrections to the violations. However the waivers are not granted to repeat offenders or criminal offenses that result in harm to the public.

The ten businesses in question failed to report total toxic releases as mandated by the EPA. The releases included such harmful chemicals as lead, mercury compounds, chromium, nitric acid and nickel. The EPA allows certain levels of these compounds and chemicals to be released into the environment, but federal law requires that firms report their releases to the EPA. If they do not, it is a violation, and the business can face fines.

The EPA press release specifies the chemicals and compounds that were not reported, but does not mention how much of the toxic materials were released.

The companies that avoided the non-disclosure fines include metal manufacturers such as Net Shapes, Incorporated of Ontario ($196,000), Hightower Plating of Orange ($42,300), and Allfast Fastening Systems of City of Industry ($121,900). Netshapes failed to report its nickel and chromium releases from 2001 to 2004 as well as its cobalt releases in 2001, 2002, and 2004. Hightower also failed to report chromium, cobalt and nickel releases for the years 2002, 2003, and 2004. Allfast neglected reporting nickel, copper, and nitric acid for the years 2002 and 2003.

Glassmaker Arch Mirror West in Newark, California was guilty of not reporting xylene and lead in 2003 and would have paid $12,900. Plastics manufacturer Polyclad Laminates in Elk Grove avoided almost $90,000 in fines for not disclosing releases of methanol, copper, and MEK or methyl ethyl ketone.

Peterson Systems International of Duarte, a polyurethane maker, did not report methylene chloride for 2001 and 2002, and would have paid $11,000. Another polyurethane concern, BJB Enterprises in Tustin failed to report its mercury compounds and diisocyanates for two years and would have paid $76,800, if not for the self-disclosure waiver.

Chemical company M. Argueso in Rosemead received a waiver for the $8,700 fine it would have faced for not reporting 4,4 isopropylidenediphenol, a chemical not entirely studied yet, but may affect fertility.

Impressions, Polishing and Plating, Incorporated, formerly of Orange, California, did not report lead and nitric acid releases in 2004 and 2005, and would have been fined $17,500. Although Impressions is no longer in operation, so it is not clear as to how it would have been fined. The EPA does not specify.

The last company is one that has become a household name, Formica Corporation. Formica, which makes laminate made of paper and resin for such things as countertops, did not report formaldehyde and phenol for the years in 2001 and 2002, and for that would have paid $92,400 if not for the self-disclosure and self-correction.

The EPA's Communities and Ecosystems Division Associate Director for the Pacific Southwest Region, Nate Lau, said in the EPA press release, "This is a win for communities, for business, and for the EPA. Checking for compliance, promptly disclosing violations found, correcting them, acting to prevent future violations, and making the information available to surrounding communities are the responsible actions for companies to take."

Source: Environmental Protection Agency