Catalina Yachts, Inc. v. United States Environmental Protection Agency

MEMORANDUM AND ORDER

This matter comes before the court on appeal from the United States Environmental Protection Agency’s (“EPA”) Environmental Appeals Board (“EAB”) decision of In re Catalina Yachts, Inc., 29 Envtl. L. Rep. 41093 (EPCRA Appeal, March 24, 1999). The court has fully considered the briefs and papers pertaining to this matter. This motion is appropriate for decision without oral argument. See Fed. R.Civ.P. 78; Local Rule 7.11. We rule as follows:

I. BACKGROUND

Appellant Catalina Yachts, Inc. (“Catalina”) is a California corporation which manufactures recreational sail boats. On June 20, 1994, the EPA, Region 9, filed an administrative complaint against Catalina seeking $175,000' in civil penalties for Catalina’s failure to timely file seven “Form Rs” with the EPA for its use of styrene and acetone. Section 313 of the Emergency Planning and Community Right-to-Know Act (“EPCRA”), 42 U.S.C. § 11023 , requires facilities that manufacture, process, or otherwise use certain chemicals in quantities exceeding the established thresholds to submit a Toxic Chemical Release Inventory Form (“Form R”) to the EPA. Catalina concedes that it did not file the required forms within…