EPA v. NEW ENGLAND WAREHOUSING GROUP

Case summary

On April 28, 2022, EPA filed a Consent Agreement and Final Order (CAFO) entered into with New England Warehousing Group, LLC (NEWG) to initiate and conclude an EPA administrative penalty action alleging violations from 2019 and 2020 of Clean Air Act (CAA) chemical accident prevention requirements under the general duty clause (GDC) in Section 112(r)(1) and of the Emergency Planning and Community Right-to-Know Act (EPCRA) chemical inventory reporting requirements under Sections 311 and 312. Under the CAFO, NEWG has agreed to pay a $109,635 penalty and certify compliance with all its GDC and EPCRA obligations. The violations were first documented during an EPA inspection at NEWG?s warehousing facility in West Haven, Connecticut. The specific allegations involved NEWG?s failure to conduct a process hazard review for the warehouse operation, design and maintain a safe facility, and submit complete, timely EPCRA reports (Tier IIs) with state and local emergency planning and response authorities. In October 2021, EPA issued a Notice of Violation and Administrative Order to NEWG citing the GDC violations. The company has since corrected the violations by conducting a process hazard review and making chemical management program changes at its facility. This case is part of the Chemical Accident Risk Reduction National Compliance Initiative to improve safety and compliance at chemical warehouses. NEWG is located in an area for which several environmental justice indices in EJ SCREEN are above the 80th percentile, nationally. Connecticut is not delegated to implement these programs, but EPA will share a copy of the CAFO with the State.

Defendants (1)

• New England Warehousing Group, LLCNamed in complaintNamed in settlement

Facilities (1)

• NEW ENGLAND WAREHOUSING GROUP, LLC

  82 W CLARK ST, WEST HAVEN, CT, 06516

  Registry ID: 110070671552

Statutes cited

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

Enforcement conclusions (1)

• NEW ENGLAND WAREHOUSING GROUPentered 2022-04-28

  Primary law: CAA

  Federal penalty: $109,635

Timeline (3 milestones)

• 2022-04-28Final Order Issued
• 2022-04-28Complaint Filed/Proposed Order
• 2022-05-12Enforcement Action Data Entered