EPA v. TRI-PORT TERMINALS, INC

Case summary

TRI-PORT TERMINALS, INC VIOLATED SECTION 311 OF EPCRA, 42 U.S.C. SECTION 11021, BY FAILING TO SUBMIT MATERIAL SAFETY DATA SHEETS ( MSDSs ) OR A LIST IDENTIFYING THOSE HAZARDOUS CHEMICALS TO THE APPROPRIATE STATE EMERGENCY RESPONSE COMMISSION ( SERC ), LOCAL EMERGENCY PLANNING COMMITTEE ( LEPC ), AND LOCAL FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY, WITHIN NINETY (90) DAYS AFTER MEETING THE CHEMICAL'S MINIMUM REPORTING THRESHOLDS. BASED ON AVAILABLE INFORMATION, TRI-PORT TERMINALS, INC. HAD PRESENT AT THE FACILITY DURING CALENDAR YEARS 2007 AND 2008, UAN SOLUTION IN AMOUNTS EXCEEDING ITS MINIMUM REPORTING THRESHOLD, BUT HAD NEVER SUBMITTED MSDS OR A LIST IDENTIFYING THIS CHEMICAL AS PRESENT AT THE FACILITY TO THE SERC, LEPC OR LOCAL FIRE DEPARTMENT. TRI-PORT TERMINALS, INC VIOLATED SECTION 312 OF EPCRA, 42 U.S.C. SECTION 11022, BY FAILING TO TIMELY SUBMIT COMPLETE AND ACCURATE HAZARDOUS CHEMICAL INVENTORY FORMS TO THE SERC, THE LEPC AND THE LOCAL FIRE DEPARTMENT FOR CALENDAR YEARS 2007 AND 2008.

Defendants (1)

• TRI-PORT TERMINALS, INC (SB)Named in complaintNamed in settlement

Facilities (4)

• TRI PORT TERMINALS INCORPORATE

  1324 MCCLOUD ROAD, CHESAPEAKE, VA, 23320

  Registry ID: 110008997470

• TRI PORT TERMINALS INCORPORATE

  1324 MCCLOUD ROAD, CHESAPEAKE, VA, 23320

  Registry ID: 110008997470

• TRI PORT TERMINALS INCORPORATE

  1324 MCCLOUD ROAD, CHESAPEAKE, VA, 23320

  Registry ID: 110008997470

• TRI PORT TERMINALS INCORPORATE

  1324 MCCLOUD ROAD, CHESAPEAKE, VA, 23320

  Registry ID: 110008997470

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 311 — Material Safety Data Sheets (MSDS)

Enforcement conclusions (1)

• TRI-PORT TERMINALS, INCentered 2012-03-30

  Primary law: EPCRA

  Federal penalty: $10,002

Timeline (3 milestones)

• 2012-03-30Final Order Issued
• 2012-03-30Complaint Filed/Proposed Order
• 2012-04-05Enforcement Action Data Entered