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#1. What Went Wrong A California-based poultry company with a facility in Kelso allegedly did not meet the deadline in 2013 for reporting chemicals stored at its facility. The company apparently failed to report that it stored over 500 pounds (lb) each of ammonia and sulfuric acid, and over 10,000 lb each of carbon dioxide, […]
In this case, a foundry coke manufacturer in northern New York State will pay $2.75 million for alleged CAA, CWA, and EPCRA violations—and that is just the fine. ‘Citizen Scientists’ Complained A critical point in this case is that federal and state inspections came in response to local citizen complaints. The community even did their […]
TRI is designed to provide citizens with information about chemicals being used, processed, manufactured, or released from facilities in their communities. The basic premise of TRI is that citizens have a right to know about toxic chemicals that are handled or released in their community. Meaning of “Release” under TRI Under the Emergency Planning and […]
2014 EPCRA Enforcement Roundup What do a wood door manufacturer, an organic food company, a wire manufacturer, a cheese manufacturer, and an oil sands crude refinery have in common? On the surface, it would appear they are pretty different, but when it comes to compliance with EPCRA, all reached settlements with the EPA during […]
Deadly Chemical Plant Releases Violate Multiple Regulations In a settlement with a multinational company that operates a chemical plant in Belle, West Virginia, the Environmental Protection Agency (EPA) and the U.S. Department of Justice (DOJ) alleged that between 2006 and 2010, eight releases of hazardous substances occurred, one of which resulted in the death of […]
Defining responsibility for EPCRA compliance on a site can often lead to questions that apply only to that particular situation or event. One such situation is that of chemicals brought on a site by contractors hired to perform work and where reporting responsibility lies—with the facility owner/operator or with the contractor. According to the Environmental […]
One of the most confusing exemptions under EPCRA is that for “routine agricultural use” (Section 311(e)(5)) under Sections 311 and 312, which cover Safety Data Sheet (SDS) reporting and Tier I/Tier II Inventory reporting, respectively. According to the Environmental Protection Agency (EPA), the exemption is “designed to eliminate the reporting of fertilizers, pesticides, and other […]