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Paterson, NJ Company Charged with Failing to Tell EPA About Chemical Releases; Environmental Organization Brought Violations to Agency's Attention

Release Date: 03/07/2000
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(#00036) New York, N.Y. -- The U.S. Environmental Protection Agency has charged Paterson, New Jersey- based Facile Holdings, Inc. with eight counts of providing erroneous and late information to the agency about releases of chemicals into the air. The agency is seeking a penalty of $112,758 for the violations, and credits the non-profit organization New Jersey Work Environment Council for bringing the violation to its attention.

Facile Holdings' facility, which is located at 4-22 Erie Street, coats metals with adhesive films such as propylene and nylon. The company uses the chemicals toluene and methyl ethyl ketone in the adhesion process. In 1999, the New Jersey Work Environment Council noted what appeared to be discrepancies in Facile Holdings' reported chemical releases for 1994 and 1995, and alerted EPA about possible violations. The agency inspected the facility on March 9, 1999 and found that in Toxic Release Inventory forms submitted to EPA, Facile claimed it had not emitted any toluene or methyl ethyl ketone into the air in 1994 and 1995. Based on the amount of materials used by the company in its processes, however, EPA determined that the Paterson facility released approximately 63,877 lbs. of methyl ethyl ketone and approximately 11,007 lbs. of toluene into the air over the two years. EPA also determined that for years 1994 and 1996, the company filed its annual chemical release information for the two chemicals late.

"It is extremely important that companies provide EPA with accurate information about the chemicals they use at their facilities and release into the environment," said Jeanne M. Fox, EPA Regional Administrator. "The Toxic Release Inventory was created to help people know exactly what chemicals are present in their local air, water and land, but that information is only as good as the data submitted to us. Companies must take their chemical reporting obligations very seriously, or else face penalties."

Under the Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986, companies like Facile Holdings that manufacture, process, import or otherwise use chemicals like toluene and methyl ethyl ketone above a certain amount must submit Toxic Release Inventory forms to EPA giving detailed information about the chemicals by July 1 of every year. The information includes how the chemicals were used, and whether they were released into the environment, recycled, treated or disposed-of. Chemical data from companies and facilities around the nation are then compiled by EPA into a Toxic Release Inventory report, which is made available to the public to help people know more about the chemicals present in their local environment. Facile's failure to submit accurate information to EPA about its chemical releases means that in 1994 and 1995, the information EPA provided to New Jersey residents about the chemicals present in their environment was incomplete.

Facile Holdings, Inc. employs approximately 100 people at its 42,000 square-foot Paterson facility, and has annual gross sales of approximately $40 million.

The company has the right to contest EPA's charges.