Toxic release reporting
The battery manufacturer submitted annual federal forms, but EPA alleged that reports covering 2020, 2021, 2022 and 2024 did not accurately and completely disclose lead and lead compound releases from its Canby, Oregon, plant.
What the federal order says
- EPA alleged that Clarios submitted inaccurate and incomplete Form R reports for lead and lead compounds for four reporting years: 2020, 2021, 2022 and 2024.
- The Canby battery plant submitted a lead report for every year from 2020 through 2024. The 2023 report was not identified as inaccurate in the agreement.
- Clarios agreed to an $87,041 administrative civil penalty, payable within 30 days of the final order becoming effective.
- The company admitted EPA’s jurisdiction but neither admitted nor denied the specific factual allegations or legal conclusions.
- Clarios certified that it had corrected the alleged violations by the date it signed the agreement.
- The order does not disclose the amount of lead omitted or misstated, whether reported totals were too high or too low, or whether anyone was exposed or harmed.
Four reports in five years were challenged
Clarios operates a lead-acid battery manufacturing facility at 800 NW 3rd Avenue in Canby. EPA alleged that the facility processed lead and lead compounds above the federal reporting threshold during each year from 2020 through 2024.
The plant did file the required Toxic Chemical Release Inventory forms. According to EPA, however, four of those annual reports failed to accurately and completely report releases of lead and lead compounds to the environment.
βRespondent failed to accurately and completely report the releases of lead and lead compounds from the Facility to the environment.β
EPA allegation, Consent Agreement paragraph 3.12
That sentence is the factual core of the enforcement action. It is also where the public detail stops. The agreement does not identify the incorrect fields, provide the original and corrected quantities, or explain how large the reporting errors were.
How the right-to-know system was supposed to work
Section 313 of the Emergency Planning and Community Right-to-Know Act requires covered facilities to submit a Form R for listed toxic chemicals processed or used above applicable thresholds. Reports are generally due by July 1 for the previous calendar year.
Coverage is triggered
EPA alleged that the Canby plant had at least 10 full-time employees, operated in a covered industry and processed lead above the 100-pound threshold.
Release data is reported
Form R must include information about releases to the environment, including estimated fugitive or non-point air emissions where applicable.
The record informs the public
The annual filing forms part of the federal community right-to-know system. Its usefulness depends on the submitted data being accurate and complete.
An inspection preceded the settlement
EPA Region 10 inspected the Canby facility for compliance with Section 313 on September 28, 2023. The consent agreement does not describe the inspection findings in detail or explain when each reporting problem was identified.
Clarios submitted annual lead and lead compound reports. EPA later alleged that each failed to report environmental releases accurately and completely.
EPA Region 10 conducted an EPCRA Section 313 compliance inspection at the plant.
Clarios submitted a Form R. This report was not among the reports identified as inaccurate in the agreement.
Clarios submitted another Form R that EPA alleged was inaccurate and incomplete.
Clarios signed the agreement and certified that it had corrected the alleged violations.
EPA signed and issued the final order. The certificate of service records filing and service on September 18.
| Reporting year | Form R submitted | Status in agreement |
|---|---|---|
| 2020 | Yes | EPA alleged inaccurate and incomplete release reporting |
| 2021 | Yes | EPA alleged inaccurate and incomplete release reporting |
| 2022 | Yes | EPA alleged inaccurate and incomplete release reporting |
| 2023 | Yes | No inaccuracy alleged in this agreement |
| 2024 | Yes | EPA alleged inaccurate and incomplete release reporting |
The penalty resolves the reporting case without an admission
Clarios agreed that EPA had jurisdiction and accepted an $87,041 civil penalty. It did not admit the specific allegations or legal conclusions. For this proceeding, the company waived affirmative defenses, the right to contest the allegations and the right to appeal the final order.
What the settlement legally does
- Resolves EPA’s civil penalty claims for the violations alleged in the agreement.
- Orders Clarios to comply with the settlement and pay within 30 days of the final order becoming effective.
- Records Clarios’s certification that the alleged violations had been corrected by the date of its signature.
- Does not convert the disputed factual allegations into admissions by Clarios.
- Does not erase the company’s continuing obligation to comply with EPCRA and its regulations.
The final order also says the settlement does not prevent EPA or the United States from pursuing appropriate equitable relief or criminal sanctions for violations of law. The supplied record does not indicate that any such action was pending in this matter.
The documented consequence is a damaged data record, not proven exposure
Lead is regulated as a toxic chemical under the reporting system at issue. Still, this agreement is about disclosure accuracy. It does not establish that the reporting failures caused an unauthorized release, increased emissions or exposed workers or nearby residents.
The supported public consequence is narrower but important: when annual release data is inaccurate or incomplete, people and institutions relying on that data may be working from a faulty record. The agreement does not provide enough information to measure the practical effect in Canby.
What the record supports
- EPA alleged inaccuracies in four annual lead release reports.
- Clarios agreed to pay a civil penalty and certified correction.
- The alleged failures affected a federal toxic chemical reporting system.
- The missing detail prevents readers from assessing the scale of the discrepancies.
What the record does not establish
- The quantity of lead omitted, overstated or otherwise reported incorrectly.
- Whether the inaccuracies involved air, water, land or multiple release categories.
- Any individual exposure, injury or health effect.
- Why the reporting failures occurred or whether they were intentional.
Correction closed the violation, but not the information gap
Clarios’s representative certified that the alleged violations had been corrected. The agreement does not reproduce the corrected reports, identify revised totals or describe any internal control changes intended to prevent another error.
What remains unanswered in the supplied record
- How the original release figures differed from the corrected figures.
- Which environmental release categories were affected.
- How EPA assessed the reliability of the corrections.
- Whether Clarios changed its calculation, review or reporting procedures.
The settlement puts a dollar figure on the reporting violations EPA alleged. It does not put numbers on the underlying data errors. For a law built around the public’s ability to know what toxic chemicals facilities release, that missing comparison is the most consequential fact the order leaves out.
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