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September 13, 2024
Asphalt company agrees to $53,115 penalty

The EPA recently announced a settlement with All American Asphalt over claims the company failed to provide complete and accurate reports of its releases of polycyclic aromatic compounds (PACs), potentially toxic chemicals that can harm human health, from its asphalt manufacturing plant in Irvine, California, during 2018, 2019, 2020, and 2021.

Although these releases were deemed permitted, regulations require information from the releases to be reported accurately.

The company agreed to pay a $53,115 penalty, according to an EPA news release.

"Communities have a right to know about chemical releases in their neighborhood," said EPA Pacific Southwest Regional Administrator Martha Guzman in the Agency release. “These are not simple paperwork issues.  The health and safety of communities where these types of businesses operate depend on a company’s compliance with these requirements, particularly when toxic chemicals such as PACs are involved.”

As part of the settlement agreement, All American Asphalt, headquartered in Corona, California, agreed to submit complete and accurate Toxics Release Inventory (TRI) forms to resolve alleged violations of the Emergency Planning and Community Right-to-Know Act (EPCRA). The company has also permanently shut down the Irvine facility.

“[EPCRA] created the Toxics Release Inventory (TRI), which requires regulated facilities to document and report the quantity of toxic chemicals released annually and is an important tool for understanding potential environmental health concerns,” the EPA’s release continues. “PACs can remain in the environment for a very long time and may build up or accumulate in the human body. TRI reports allow community members, including planners and emergency responders, to access information about pollutants in their communities. By failing to properly report pollution releases to the EPA, a facility is depriving its community members of timely and accurate data about the environmental health of their community.”

EPCRA was authorized by Title III of the Superfund Amendments and Reauthorization Act to help communities plan for chemical emergencies. It requires industry to report on the storage, use, and releases of certain chemicals to federal, state, tribal, territorial, and/or local governments. It also requires these reports to be used to prepare for and protect their communities from potential risks.

TRI is a resource for learning about toxic chemical releases and pollution prevention activities reported by industrial and federal facilities. TRI data is available to the public and allows for informed decision-making by communities, government agencies, companies, and others. Section 313 of EPCRA created TRI. The TRI Threshold Screening Tool can help facilities determine if they’re required to report.