EPA v. INTERCONTINENTAL EXPORT IMPORTS, THREE FACILITIES)

Case summary

THE REGIONAL JUDICIAL OFFER ISSUED A FINAL ORDER, ACCEPTING THE CONSENT AGREEMENT AND COMMENCING AND SETTLING VIOLATIONS OF CAA SECTION 112(r)(1) AND EPCRA SECTIONS 311 AND 312. EPA DETERMINED THAT GREEN SUSTAINABLE SOLUTIONS, LLC, THE OPERATOR OF A PLASTICS RECYCLING FACILITY IN PARKERSBURG, WEST VIRGINIA, VIOLATED THE CAA GENERAL CLAUSE'S OBLIGATIONS TO ENSURE THE SAFE STORAGE OF CALCIUM HYPOCHLORITE, AN EXTREMELY HAZARDOUS SUBSTANCE, BY STORING IT IN EXCESS OF SAFE BUILDING LIMITS AND BY FAILING TO SEPARATE IT FROM INCOMPATIBLE MATERIALS. EPA ALSO DETERMINED THAT FOUR ENTITIES RELATED BY COMMON OWNERSHIP FAILED TO REPORT CHEMICALS PRESENT ABOVE THRESHOLD LEVELS TO THE STATE EMERGENCY RESPONSE COMMISSION, THE LOCAL EMERGENCY PLANNING COMMITTEES AND LOCAL FIRE DEPARTMENTS AT THREE FACILITIES. THE ENTITIES AND CHEMICALS ARE: STORAGE OF CALCIUM HYPOCHLORITE BY GREEN SUSTAINABLE SOLUTIONS, THE OPERATOR OF THE PARKERSBURG, WEST VIRGINIA FACILITY; STORAGE OF POLYGUARD HR BY INTERNATIONAL EXPORT IMPORTS, INC., AND POLYMER ALLIANCE SERVICES, LLC, THE OPERATORS OF A PLASTICS RECYCLING FACILITY IN WASHINGTON, WEST VIRGINIA AND RAVENSWOOD, WEST VIRGINIA. EPA'S INVESTIGATION AROSE IN THE AFTERMATH OF A 2017 FIRE AT ANOTHER WAREHOUSE OWNED AND OPERATED BY IEI THAT BURNED FOR FIVE DAYS AND LED TO THE EVACUATION OF THE SURROUNDING COMMUNITY IN PARKERSGURG, WEST VIRGINIA. IN SETTLEMENT, THE FOUR RELATED ENTITIES HAVE AGREED TO PAY A CASH PENALTY. WEST VIRGINIA HAS NOT RECEIVED DELEGATION OF THE CAA 112(r) PROGRAM OR THE EPCRA CHEMICAL INVENTORY REPORTING PROGRAM BUT HAS BEEN NOTIFIED OF THIS ENFORCEMENT ACTION.

Defendants (1)

• INTERCONTINENTAL EXPORT IMPORTS, INC.Named in complaintNamed in settlement

Facilities (3)

• POLYMER ALLIANCE SERVICES, LLC

  117 WAREHOUSE DRIVE, WASHINGTON, WV, 26181

  Registry ID: 110031112203

• IEI SITE 007 (ATLAS WAREHOUSE)

  625 DEPOT STREET, PARKERSBURG, WV, 26101

  Registry ID: 110070210351

• SILVERTON WAREHOUSE

  2969 GREENHILLS ROAD, RAVENSWOOD, WV, 26164

  Registry ID: 110070152148

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)

• INTERCONTINENTAL EXPORT IMPORTS, THREE FACILITIES)entered 2020-01-28

  Primary law: CAA

  Federal penalty: $148,370

Timeline (4 milestones)

• 2020-01-28Complaint Filed/Proposed Order
• 2020-01-28Final Order Issued
• 2020-02-03Enforcement Action Data Entered
• 2021-04-01Enforcement Action Closed