GE Aviation (GE) acquired Smiths Aerospace (Smiths)in May 2007. On or about July 6, 2007, GE requested that the Agency enter into an Audit Agreement to evaluate Emergency Planning and Community Right-to-Know Act (EPCRA) compliance at the newly acquired Smiths facilities located in California, Connecticut, Florida, Illinois, Indiana, Maryland, Michigan, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Virginia, and Washington.
The EPCRA violations disclosed include the following for the reporting year 2006:
1. Failure to submit Material Safety Data Sheets (MSDS) as required by Section 311 of EPCRA, 42 U.S.C. § 11021, and 40 C.F.R. Part 370.
2. Failure to file accurate Tier II reports as required by Section 312 of EPCRA, 42 U.S.C. § 11022, and 40 C.F.R. Part 370.
3. Failure to complete and submit a toxic chemical release form (Form R) as required by Section 313 of EPCRA, 42 U.S.C. § 11023, and 40 C.F.R. Part 372.
4. Failure to submit a notification to the State Emergency Response Commission (SERC) that the facility was subject to the emergency planning requirements as required by Section 302 of EPCRA, 42 U.S.C. § 11002, and 40 CFR Part 355.
5. Failure to designate a facility representative to participate in the local emergency planning process as required by 42 U.S.C. § 11003 and 40 CFR Part 355.