EPA v. B & B CONCRETE CO., INC.

Case summary

CONSENT AGREEMENT FINAL ORDER: 09/25/2026 This is an administrative penalty assessment proceeding brought under Section 325 of the Emergency Planning and Community Right-to-Know Act, 42 U.S.C. 11045 (EPCRA or the Act) and Sections 22.13(b) and 22.18 of the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits (Consolidated Rules), as codified at Title 40 of the Code of Federal Regulations (C.F.R.), Part 22. Respondent has 10 or more full-time employees, as defined at 40 C.F.R. 372.3, at its Facility. Respondent?s Facility is classified under the covered SIC code 3273 and NAICS code 327320, as described at 40 C.F.R. 372.22 and 40 C.F.R. 372.23. Respondent?s Facility processed Lead in excess of the 100-pound threshold quantity for the chemical established under Section 313(f) of EPCRA, 42 U.S.C. 11023(f), and 40 C.F.R. 372.28, during calendar year 2022. Respondent failed to submit a Form R for Lead to EPA and to the State of Mississippi for calendar year 2022 by July 1, 2023. Respondent is required under 29 C.F.R. 1910.1200(g) to prepare or have available an MSDS for hazardous chemicals under OSHA for Calcium Nitrate, Diesel Oil, Fly Ash, Limestone, and Portland Cement. At some time during calendar years 2022 and 2023, Calcium Nitrate, Diesel Oil, Fly Ash, Limestone, and Portland Cement were present at the Facility in an amount equal to or greater than 10,000 pounds. Respondent failed to submit a completed Emergency and Hazardous Chemical Inventory Form for Calcium Nitrate, Diesel Oil, Fly Ash, Limestone, and Portland Cement to the SERC, LEPC, and fire department with jurisdiction over the Facility for calendar years 2022 and 2023 by March 1 of the following calendar years. Respondent violated the reporting requirements of Section 313 of EPCRA by failing to submit the required Form R for Lead for calendar year 2022 by July 1, 2023, and is therefore subject to the assessment of penalties under Section 325 of EPCRA, 42 U.S.C. 11045. Respondent violated the reporting requirements of Section 312 of EPCRA by failing to submit the required Emergency and Hazardous Chemical Inventory Form for Calcium Nitrate, Diesel Oil, Fly Ash, Limestone, and Portland Cement for calendar years 2022 and 2023 by March 1 of the following calendar years and is therefore subject to the assessment of penalties under Section 325 of EPCRA, 42 U.S.C. 11045. Respondent agrees to a civil penalty in the amount of $33,601.00 (?Assessed Penalty?), to be paid within thirty (30) calendar days after the Effective Date of this CAFO.

Defendants (1)

• B & B CONCRETE CO., INC.Named in complaintNamed in settlement

Facilities (2)

• B AND B CONCRETE CO INC, TUPELO DIV

  130 NORTH INDUSTRIAL ROAD, TUPELO, MS, 38801-3423

  Registry ID: 110002228125

• TUPELO DIVISION OF B AND B CONCRETE COMPANY, INC.

  130 NORTH INDUSTRIAL ROAD, TUPELO, MS, 38801

  Registry ID: 110071723459

Statutes cited

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

Enforcement conclusions (1)

• B & B CONCRETE CO., INC.entered 2026-09-25

  Primary law: EPCRA

  Federal penalty: $33,601

Timeline (3 milestones)

• 2026-09-25Complaint Filed/Proposed Order
• 2026-09-25Final Order Issued
• 2026-09-28Enforcement Action Data Entered