EPA v. ARC TERMINALS HOLDINGS LLC

Case summary

8/14/2018 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $44,010. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: VIOLATIONS OF SECTION 311 OF EPCRA AT SOME DURING CALENDAR YEAR 2015, SULFURIC ACID WAS PRESENT AT FACILITY A AND FACILITY B IN AN AMOUNT EQUAL TO OR GREATER THAN 500 POUNDS. RESPONDENT FAILED TO SUBMIT TO THE LEPC, SERC AND FIRE DEPARTMENT AN MSDS OR SDS OR LIST, FOR A HAZARDOUS CHEMICAL SUBJECT TO THE REPORTING REQUIREMENTS OF SECTION 311 OF EPCRA 40 CFR PART 370 WITHIN 3 MONTHS AFTER FACILITY A AND FACILITY B FIRST BECAME SUBJECT TO THE REPORTING REQUIREMENTS OF 40 CFR SECTION 370.30 IN CALENDAR YEAR 2015. THEREFORE, THE EPA ALLEGES THAT RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTION 311 OF EPCRA AT FACILITY A AND FACILITY B DURING CALENDAR YEAR 2015. VIOLATIONS OF SECTION 312 OF EPCRA RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM (TIER II) FOR SULFURIC ACID TO THE SERC, THE LEPC, AND FIRE DEPARTMENT WITH JURISDICTION OVER FACILITY A AND FACILITY B FOR CALENDAR YEAR 2015, BY MARCH 1 OF THE FOLLOWING YEAR. THE EPA ALLEGES THAT RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTON 312 OF EPCRA, AT ITS FACILITIES FOR CALENDAR YEAR 2015.

Defendants (1)

• ARC TERMINALS HOLDINGS LLCNamed in complaintNamed in settlement

Facilities (2)

• ARC TERMINALS HOLDINGS LLC

  500 VIADUCT RD, CHICKASAW, AL, 36611

  Registry ID: 110025349914

• GULF COAST ASPHALT CO LLC

  835 COCHRANE CAUSEWAY, MOBILE, AL, 36633

  Registry ID: 110010075630

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 311 — Material Safety Data Sheets (MSDS)

Enforcement conclusions (1)

• ARC TERMINALS HOLDINGS LLCentered 2018-08-14

  Primary law: EPCRA

  Federal penalty: $44,010

Timeline (4 milestones)

• 2018-08-14Complaint Filed/Proposed Order
• 2018-08-14Final Order Issued
• 2018-08-20Enforcement Action Data Entered
• 2018-10-18Enforcement Action Closed