EPA v. Effingham County Power, LLC (NOD)

Case summary

NOD issued 6/19/2003. Respondent failed to submit a Material Safety Data Sheet (MSDS) for sulfuric acid to the State Emergency Response Commission (SERC), the Local Emergency Planning Committee (LEPC), and the fire department with jurisdiciton over the facility within three months after being required to prepare or have available a MSDS for sulfuric acid under the Occupational Safety and Health Act, as required by Section 311 of EPCRA. Respondent failed to timely submit a Tier II report for sulfuric acid to the State Emergency Response Commission (SERC), the LEPC, and the fire department with jurisdiction over the facility for calendar 2001, as required by Section 312 of EPCRA. Respondent failed to notify the SERC within 60 days after sulfuric acid, an Extremely Hazardous Substance (EHS), was present in excess of the threshold planning quantity (TPQ), as required by Section 302 of EPCRA.

Defendants (1)

• Effingham County Power, LLCNamed in settlement

Facilities (1)

• EFFINGHAM COUNTY POWER, LLC

  3440 MCCALL ROAD, RINCON, GA, 31326

  Registry ID: 110012143493

Statutes cited

• EPCRA 311 — Material Safety Data Sheets (MSDS)
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 302 — Substances and Facilities Covered and Notification

Enforcement conclusions (1)

• Effingham County Power, LLCentered 2003-06-19

  Primary law: EPCRA

Timeline (3 milestones)

• 2003-06-19Final Order Issued
• 2003-06-19Enforcement Action Closed
• 2003-07-17Enforcement Action Data Entered