Pollution and Waste Treatment Solutions for Environmental Professionals
August 1, 2007
The U.S. Environmental Protection Agency (EPA) has recently settled with Backhoe & Excavation Services Inc. of Kihei, Maui and Rolloffs Hawaii Inc. of Honolulu requiring them to pay a collective $4,000 for failing to submit their chemical inventory reports by the required deadline.
“Chemical inventories inform workers, the community and first responders what chemicals may be present in case of an accidental spill,” said Keith Takata, director for the EPA Pacific Southwest region’s Superfund Division. “Both Hawaii companies have since submitted their chemical inventories.”
Backhoe & Excavation Services Inc. failed to submit their chemical inventory by the required March 2007 deadline and was fined $2,000. Rolloffs Hawaii Inc., also fined $2,000, failed to submit its chemical inventory by the required March deadline in 2005, 2006, and 2007 as required by Emergency Planning and Community Right-to-Know Act.
Both companies settled under the agency’s expedited settlement agreement policy with reduced penalties.
The Emergency Planning and Community Right-To-Know Act requires facilities covered by the act to submit annual reports on the amounts of hazardous chemicals their facility uses or stores. The State Emergency Response Commission, Local Emergency Planning Committees, and Fire Departments use the information submitted to them in order to plan for chemical releases that may be the result of individual incidents or of natural disasters.
On April 2, 2008, exactly one year after the landmark U.S. Supreme Court decision in Massachusetts v. EPA, 12 states, supported by an additional five states as amicus curiae, as well as the District of Columbia, the cities of New York and Baltimore, and a number of environmental organizations, filed a petition for mandamus with the U.S. Court of Appeals for the District of Columbia Circuit seeking to compel the U.S. Environmental Protection Agency to act on remand within 60 days.