EPA v. MISSISSIPPI EXPORT RAILROAD COMPANY

Case summary

5/22/2014 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $24,515 (CERCLA VIOLATION - $17,257, EPCRA VIOLATION $17,258). ORDER ALLEGES: VIOLATION OF SECTION 103(a) OF CERCLA ON MAY 27, 2012, RESPONDENT HAD A RELEASE OF 1,3 BUTADIENE ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION OF SECTION 103(a) OF CERCLA, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OFTHE RELEASE OF 1,3 BUDADIENCE IN AN AMOUNT EQUAL TO TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. VIOLATIONS OF SECTION 304(a) OF EPCRA ON MAY 27, 2012, RESPONDENT HAD A RELEASE OF 1,3 BUTADIENE ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT THE RELEASE RESULTED IN THE POTENTIAL FOR EXPOSURE TO PERSONS BEYOND THE SITE OR SITES ON WHICH THE FACILITY IS LOCATED. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(a) OF EPCRA, BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF 1,3 BUTADIENE IN AN AMOUNT EQUAL TO OR GREATER THAN THE TQ AT RESPONDENT'S FACILITY.

Defendants (1)

• MISSISSIPPI EXPORT RAILROAD COMPANYNamed in complaintNamed in settlement

Facilities (1)

• MISSISSIPPI EXPORT RAILROAD COMPANY, MOSS POINT

  4519 MCINNIS AVENUE, MOSS POINT, MS, 39563-2815

  Registry ID: 110004000303

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 304 — Emergency Release Notification Section 313 Program

Enforcement conclusions (1)

• MISSISSIPPI EXPORT RAILROAD COMPANYentered 2014-05-22

  Primary law: EPCRA

  Federal penalty: $34,515

Timeline (4 milestones)

• 2014-05-22Complaint Filed/Proposed Order
• 2014-05-22Enforcement Action Closed
• 2014-05-22Final Order Issued
• 2014-05-27Enforcement Action Data Entered