EPA v. Business Telecom

Case summary

NOD issued 12/23/2003. Respondent failed to submit a Material Safety Data Sheet (MSDS) for sulfuric acid and/or lead to the State Emergency Response Commission (SERC), the Local Emergency Planning Committee (LEPC) and the fire department with jurisdiction over the facility within three months after being required to prepare or have available a MSDS for sulfuric acid and/or lead under the Occupational Safety and Health Act of 1970, as required by EPCRA section 311. On August 15, 2003, Respondent submitted the reports to the appropriate agencies. Respondent failed to timely submit a Tier II report for sulfuric acid and/or lead to the SERC, LEPC, and the fire department with jurisdiction over the facility for calendar year 2002 and previous years, as required by EPCRA section 312. 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 EPCRA section 302. On Sugust 15, 2003, Respondent submitted the report to the SERC. Respondent failed to notify the LEPC of a designated facility representatives who will participate in the emergency planning process as a facility emergency response coordinator, as required by EPCRA section 303. Respondent submitted the information to LEPC on August 15, 2003. Respondent failed to have available on-site at its Raleigh, North Carolina facility, a Spill Prevention control, and Countermeasure Plan as required by EPCRA section 311 of the FWPCA, 33 U.S.C. ? 1321. Respondent has the plan available for review on site and submitted the plan to the appropriate agency on August 14, 2003

Defendants (1)

• BUSINESS TELECOMNamed in settlement

Facilities (21)

• BUSINESS TELECOM, INC. (BTI)

  2111-C HARROD STREET, RALEIGH, NC, 27604

  Registry ID: 110015749412

• BUSINESS TELECOM, INC. (BTI)

  400 NORTH TAMPA STREET, SUITE 750, TAMPA, FL, 33602

  Registry ID: 110015748869

• BUSINESS TELECOM, INC. (BTI)

  1568 N. HONEYCUTT STREET, BENSON, NC, 27504

  Registry ID: 110015749136

• BUSINESS TELECOM, INC. (BTI)

  301 N. MAIN STREET, SUITE G-100, WINSTON-SALEM, NC, 27101

  Registry ID: 110015749519

• BUSINESS TELECOM, INC. (BTI)

  214 ROBESON STREET, FAYETTEVILLE, NC, 28301

  Registry ID: 110015749305

• BUSINESS TELECOM, INC. (BTI)

  201 SOUTH ORANGE AVENUE, #750, ORLANDO, FL, 328013413

  Registry ID: 110015749029

• BUSINESS TELECOM, INC. (BTI)

  105-H CREEKRIDGE ROAD, SOUTH ELM CENTER, GREENSBORO, NC, 27406

  Registry ID: 110015749369

• BUSINESS TELECOM, INC. (BTI)

  176 CROGHAM SPUR ROAD, 2ND FLOOR, CHARLESTON, SC, 29407

  Registry ID: 110015747575

• BUSINESS TELECOM, INC. (BTI)

  SUITE G100-A, 150 FOURTH AVENUE NORTH, NASHVILLE, TN, 372192417

  Registry ID: 110015747851

• BUSINESS TELECOM, INC. (BTI)

  2 BAILEY ROAD, SHELDON, SC, 29941

  Registry ID: 110015747780

• BUSINESS TELECOM, INC. (BTI)

  THE MARK CENTER, 2734 BEAVER RUN BLVD, MYRTLE BEACH, SC, 29575

  Registry ID: 110015747646

• BUSINESS TELECOM, INC. (BTI)

  3255 BURNT MILL DRIVE, SUITE 1, 2 & 3, WILMINGTON, NC, 28403

  Registry ID: 110015749485

• BUSINESS TELECOM, INC. (BTI)

  625 GAY STREET, SUITE 520, KNOXVILLE, TN, 37902

  Registry ID: 110015747824

• BUSINESS TELECOM, INC. (BTI)

  701 EAST TRADE STREET, SUITE C, CHARLOTTE, NC, 28284

  Registry ID: 110015749154

• BUSINESS TELECOM, INC. (BTI)

  2513 BALTIMORE ROAD, COUNCIL, NC, 28434

  Registry ID: 110015749172

• …and 6 more

Statutes cited

• EPCRA 303 — Comprehensive Emergency Response Plans
• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• EPCRA 311 — Material Safety Data Sheets (MSDS)
• EPCRA 302 — Substances and Facilities Covered and Notification

Enforcement conclusions (1)

• Business Telecomentered 2003-12-23

  Primary law: EPCRA

Timeline (3 milestones)

• 2003-12-23Enforcement Action Closed
• 2003-12-23Final Order Issued
• 2004-04-07Enforcement Action Data Entered