The U.S. Environmental Protection Agency (EPA) has reached a settlement with Electronic Products Industries LLC, based in Newburyport, Massachusetts, for alleged violations of the Toxic Release Inventory (TRI) reporting requirements under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the process hazard review (PHR) requirement of the General Duty Clause of the Clean Air Act.
The alleged violations are related to Electronic Products' use of anhydrous ammonia. The company reportedly did not perform a PHR to identify hazards from its use of anhydrous ammonia and failed to submit TRI forms for this chemical on time. This failure deprived the community of essential information about the presence of this toxic substance. As part of the settlement, Electronic Products will pay a combined cash penalty of $117,647.
Exposure to high levels of ammonia can cause irritation to skin, eyes, throat, and lungs, leading to coughing and burns. Severe exposure may result in lung damage or death. Individuals with asthma may be more sensitive to ammonia.
"Citizens have a right to know about dangerous, toxic substances in their neighborhood," said EPA New England Regional Administrator David W. Cash. "There are homes, schools, businesses, a fire station, and a church near this facility – which is less than two miles from downtown Newburyport. EPA's action underscores the importance of companies understanding the hazards of using hazardous substances like anhydrous ammonia and using that knowledge to undertake safe handling and management practices to protect public safety."
Regarding Clean Air Act Section 112(r) General Duty Clause violations, EPA alleged that Electronic Products failed to identify hazards related to its use of anhydrous ammonia at its facility by not conducting a PHR for its ammonia process. After being informed by EPA about this requirement, Electronic Products hired a consultant who completed the necessary review.
The General Duty Clause aims to prevent accidental releases of extremely hazardous chemicals and minimize their consequences. Facility owners and operators must identify potential hazards from such releases and document them in a PHR.
Concerning EPCRA violations, EPA alleged that Electronic Products failed to submit TRI reporting forms for anhydrous ammonia used at its facility for calendar years 2019 through 2021 on time. The company promptly filed these missing forms after being notified by EPA.
Under federal TRI regulations, companies using certain listed toxic chemicals must report their releases annually to EPA. This data is compiled into the Toxic Release Inventory, which communities, government agencies, and industries can review. Public availability of this information incentivizes companies to reduce harmful chemical use and improve environmental performance while offering transparency about potential public health risks.
Electronic Products manufactures glass-to-metal seals and high-temperature co-fired ceramics for semiconductor products. The case arose from information obtained during an EPA inspection in February 2023. The company cooperated with EPA throughout the enforcement process and quickly complied with relevant statutes following the inspection.
For more information visit:
Toxics Release Inventory Program: https://www.epa.gov/toxics-release-inventory-tri-program.
EPCRA: https://www.epa.gov/epcra.
General Duty Clause: https://www.epa.gov/rmp/general-duty-clause-under-clean-air-act-section-112r1.
