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West Virginia Company Settles Chemical Release Reporting Violations

Release Date: 10/24/2008
Contact Information: Donna Heron 215-814-5113 / heron.donna@epa.gov

PHILADELPHIA (October 24, 2008) -- The U.S. Environmental Protection Agency today announced that Kidde-Fenwal, Inc. has settled alleged violations of federal toxic chemical reporting at two plants located in Ranson, W.Va.

EPA cited the company for violating the Emergency Planning and Community Right-to-Know Act (EPCRA), which requires companies that manufacture, use or process more than a threshold amount of listed toxic chemicals to file an annual “toxic chemical release form” with EPA and the state. Companies must also report both routine and accidental releases of toxic chemicals, as well as the maximum amount of any listed chemicals at the facility and the amount contained in wastes transferred off-site. These reports are used to compile the Toxic Release Inventory, a publicly available EPA database that contains information on toxic chemical releases and waste management activities by certain industries as well as federal facilities. For more information, see https://www.epa.gov/tri/

In a consent agreement with EPA, the company has agreed to pay a $24,923 civil penalty for failing to file required annual reports for lead and copper for the year 2006 for its facilities located at 215 North Mildred St., and 351 West 2nd Ave., in Ranson, W. Va. NOTE: This case involves alleged reporting violations, and not unlawful releases of toxic chemicals.

The settlement penalty reflects the company’s cooperation with EPA’s investigation of these alleged violations, and its prompt compliance efforts. As part of the settlement, the company did not admit liability for the alleged violations, but has certified compliance with applicable EPCRA requirements.

Kidde-Fenwal, Inc. ceased operations at its Ranson, W.Va. facilities in 2006.

Today’s action contributes to EPA's record-shattering enforcement results for the 2008 Fiscal Year. To date, EPA has concluded enforcement actions requiring polluters to spend an estimated $11 billion on pollution controls, clean-up and environmental projects, an all time record for EPA. After these activities are completed, EPA expects annual pollution reductions of more than three billion pounds.