“Sulfuric acid (Chemical Abstract Service No. 7664-93-9) is a hazardous chemical as defined by Section 311(e) of EPCRA, 42 U.S.C. § 11021(e), and 40 C.F.R. § 370.66, and an EHS as defined by Section 329(3) of EPCRA, 42 U.S.C. § 11049(3), and 40 C.F.R. § 370.66.”

💡 This establishes that the concealed chemical qualified as an Extremely Hazardous Substance requiring mandatory reporting to protect emergency responders and communities.

“Respondent did not submit an SDS for its lead acid batteries. However, according to industry literature sulfuric acid makes up approximately 30% of the weight of a lead acid battery. Thus, the EPA calculated the amount of sulfuric acid present at the Facility to be approximately 33,599 pounds in calendar years 2021, 2022, and 2023.”

💡 This reveals Allen Distribution concealed approximately 33,599 pounds of extremely hazardous acid, exceeding the 500-pound reporting threshold by more than 67 times.

“According to information submitted by Respondent to the EPA, on February 29, 2024, Respondent filed Tier II Reports for calendar years 2021, 2022, and 2023 with the SERC, LEPC and the local fire department. The Tier II Reports identify lead as the only hazardous substance at the Facility.”

💡 Even after EPA intervention, the company submitted incomplete reports that still failed to disclose sulfuric acid, treating compliance as a superficial box-checking exercise.

“The Cumberland County LEPC contacted the EPA to report that Respondent had not submitted annual Tier II Reports. Subsequently on October 25, 2023, the EPA issued an Information Request Letter (‘IRL’) to assess Respondent’s compliance with the emergency and hazardous chemical inventory reporting requirements of EPCRA.”

💡 This shows the self-reporting system failed, requiring local emergency planners to alert federal authorities rather than companies proactively disclosing hazards.

“Except as provided in Paragraph 5, above, Respondent neither admits nor denies the specific factual allegations set forth in this Consent Agreement.”

💡 The settlement allows Allen Distribution to resolve violations without formally admitting it concealed extremely hazardous substances from emergency responders.

“Respondent violated Section 312 of EPCRA, 42 U.S.C. § 11022, by failing to submit a complete Tier II Report to the SERC, LEPC and local fire department for the Facility for calendar year 2023 by March 1, 2024.”

💡 The violation specifically deprived firefighters of information they legally require to prepare for chemical emergencies at the facility.

“Section 312 of EPCRA, 42 U.S.C. § 11022, as implemented by 40 C.F.R. Part 370, requires the owner or operator of a facility… to submit on or before March 1, 1988, and by March 1st of each year thereafter, a completed Emergency and Hazardous Chemical Inventory Form… to the SERC, the LEPC, and local fire department with jurisdiction over the facility.”

💡 This explains how the law creates a clear annual reporting requirement designed to keep emergency responders informed about chemical hazards in their communities.

“Respondent had present at the Facility during calendar year 2023 sulfuric acid in amounts exceeding 500 pounds… Respondent had present at the Facility during calendar year 2022 sulfuric acid in amounts exceeding 500 pounds… Respondent had present at the Facility during calendar year 2021 sulfuric acid in amounts exceeding 500 pounds.”

💡 This establishes Allen Distribution exceeded legal reporting thresholds for three consecutive years, demonstrating a pattern rather than a one-time oversight.

“Respondent consents to the assessment of a civil penalty in the amount of TWENTY-EIGHT THOUSAND ONE HUNDRED FIFTY-TWO DOLLARS ($28,152.00), which Respondent shall be liable to pay in accordance with the terms set forth below.”

💡 The total financial consequence for concealing 33,599 pounds of extremely hazardous acid from firefighters for three years amounts to just $28,152, or approximately $9,384 per year.

“Sulfuric acid is corrosive and can cause severe burns upon contact, and its fumes can cause respiratory distress. Knowing its location and quantity is crucial for effective emergency response and for minimizing potential harm.”

💡 This describes the specific dangers that emergency responders and community members faced unknowingly due to Allen Distribution’s concealment.

“The core principle of the ‘Community Right-to-Know’ aspect of EPCRA is transparency. When companies withhold such critical information, whether intentionally or through negligence, they erode trust and place an undue burden of risk upon the communities in which they operate.”

💡 This explains how the violations undermined the fundamental transparency principle that protects communities hosting industrial facilities with hazardous chemicals.

“Failure to report its presence to the SERC, LEPC, and the Upper Allen Township Fire Department deprived these critical entities of vital information needed for emergency planning and response. Had there been an incident at the Allen Distribution facility—such as a fire, spill, or other accident—first responders would have been unaware of the large quantity of sulfuric acid present.”

💡 This details the specific danger created for firefighters who could have responded to emergencies without knowledge of the extremely hazardous substance on site.

“This lack of information could have led to: Inadequate response procedures, potentially endangering firefighters and other emergency personnel. Delayed or inappropriate measures to protect the surrounding community and environment from a sulfuric acid release. Increased risk of exposure for employees at the facility and potentially for nearby residents.”

💡 This lists the concrete ways that concealing chemical information translates into life-threatening risks during emergencies.

“Penalties, interest, and other charges paid pursuant to this Consent Agreement shall not be deductible for purposes of federal taxes.”

💡 This provision ensures Allen Distribution cannot reduce its tax burden by writing off the costs of endangering public safety as a business expense.

“Respondent certifies to the EPA, upon personal investigation and to the best of its knowledge and belief, that it currently is in compliance with regard to the violations alleged in this Consent Agreement.”

💡 The company certified compliance only after facing enforcement, implementing proper reporting exclusively when regulatory consequences became unavoidable rather than proactively.