EPA v. WORTHINGTON CYLINDERS MISSISSIPPI, LLC

Case summary

3/28/17 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $159,336. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: VIOLATION OF SECTION 313 OF EPCRA RESPONDENT FAILED TO SUMBIT A FORM R FOR NICKEL, MANGANESE, NITRIC ACID AND LEAD TO THE ADMINISTRATOR OF THE EPA AND TO THE OFFICIALS DESIGNATED BY THE GOVERNOR OF THE STATE OF MISISSIPPI BY JULY 1 OF THE REPORTING YEAR FOR CALENDAR YEAR 2012 AND ALSO FAILED TO SUBMIT A FORM R COPPER, NICKEL, MANGANESE, NITIRC ACID AND LEAD TO THE ADMINSTRATOR OF THE EPA AND TO THE OFFICIALS DESIGNATED BY THE GOVERNOR OF THE STATE OF MISSISSIPPI BY JULY 1 OF THE REPORTING YEAR FOR CALENDAR YEAR 2013. RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTION 313 OF EPCRA, AT ITS FACILITY FOR CALENDAR YEARS 2013 AND 2012. VIOLATIONS OF SECTION 312 OF EPCRA AT SOME TIME DURING CALENDAR YEARS 2014 AND 2013, NITRIC ACID AND SULFURIC ACID WERE PRESENT AT THE FACILITY IN AMOUNTS EQUAL TO OR GREATER THAN THEIR TPQS OF 500 POUNDS. RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR NITIRIC ACID AND SULFURIC ACID TO THE SERC, THE LEPC, AND FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2014, AND 2013, BY MARCH 1 OF THE FOLLOWING YEAR. THE EPA ALLEGES THAT RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTION 312 OF EPCRA.

Defendants (1)

• WORTHINGTON CYLINDERS MISSISSIPP, LLCNamed in complaintNamed in settlement

Facilities (1)

• WORTHINGTON INDUSTRIES LLC

  795 SAM BARKLEY ROAD, NEW ALBANY, MS, 38652-9537

  Registry ID: 110070045013

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• WORTHINGTON CYLINDERS MISSISSIPPI, LLCentered 2017-03-28

  Primary law: EPCRA

  Federal penalty: $159,336

Timeline (4 milestones)

• 2017-03-28Final Order Issued
• 2017-03-28Complaint Filed/Proposed Order
• 2017-04-06Enforcement Action Data Entered
• 2017-05-02Enforcement Action Closed