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EPA JOINS SUIT ON REPORTING VIOLATIONS BY PHOENIX COMPANY

Release Date: 6/22/1999
Contact Information: Randy Wittorp, U.S. EPA, 415-744-1589

     Precise Metal Products Violated Community Right-To-Know Law

     SAN FRANCISCO -- The U.S. Environmental Protection Agency and the Department of Justice today announced that Precise Metal Products Co. violated the Emergency Planning and Community Right-To-Know Act (EPCRA).  In addition, the EPA asked a U.S. District judge in Phoenix to allow the government to join a case against the company originally brought by Don't Waste Arizona Inc.

     In earlier rulings in this case, Judge Stephen McNamee concluded that Precise Metal Products Co. violated the law by failing to report that its Phoenix facility contained more than 100 pounds of hydrofluoric acid in four separate years.   The remaining issue is the amount of the penalty.  

     "Don't Waste Arizona has done a great job of showing that Precise Metal Products broke the law, and we're getting involved now to tell the court that this is a serious matter deserving a substantial penalty," said Michael Feeley, deputy director of EPA's Superfund Division. "When  fire fighters respond to an emergency at a facility with hydrofluoric acid, they need to use particular techniques and special equipment, so they need to know what's on site before they get there."

     Precise Metal Products recently moved to dismiss the matter on the grounds that it has now filed the required reports.  In a separate case, the Supreme Court is considering whether a citizen group can receive a penalty for past environmental violations if the company comes into compliance after the case is brought.  Regardless of how the courts rule on citizens' rights, the United States can bring claims for past penalties.

     For additional information on EPCRA, contact the EPA EPCRA Hotline at 1-800-535-0202.