EPA v. N&D TRANSPORTATION

Case summary

On April 2, 2021, Region 1 filed a Consent Agreement and Final Order (CAFO) that initiated and concluded an EPA administrative penalty action against N&D Transportation Company, Inc. (N&D) for violations of the Clean Air Act (CAA) chemical accident prevention requirements, including the general duty clause (GDC) and risk management program (RMP), and of the Emergency Planning and Community Right-to-Know Act (EPCRA) chemical inventory reporting requirements. An EPA inspection at N&D's regional trucking and warehouse facility in North Smithfield, Rhode Island revealed that N&D failed to submit a risk management plan under 40 CFR Part 68, conduct a process hazard analysis for the warehouse, ensure that incompatibles were stored separately, and submit complete, timely EPCRA reports (Tier IIs) with state and local planning/response authorities. EPA then issued a Notice of Violation and Administrative Order to N&D for the violations. Under this CAFO, N&D has agreed to pay a $314,658 penalty and certify compliance with its GDC, RMP, and EPCRA obligations. This case is part of the Chemical Accident Risk Reduction National Compliance Initiative.

Defendants (1)

• N&D Transportation Company, Inc.Named in complaintNamed in settlement

Facilities (1)

• N&D TRANSPORTATION

  100 INDUSTRIAL DRIVE, NORTH SMITHFIELD, RI, 02919

  Registry ID: 110070044088

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 311 — Material Safety Data Sheets (MSDS)
• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)
• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause

Enforcement conclusions (1)

• N&D TRANSPORTATIONentered 2021-04-02

  Primary law: CAA

  Federal penalty: $314,658

Timeline (3 milestones)

• 2021-04-02Complaint Filed/Proposed Order
• 2021-04-02Final Order Issued
• 2021-06-07Enforcement Action Data Entered