EPA v. Flex-N-Gate (Battle Creek) NOD

Case summary

Flex-N-Gate stated that they failed to submit the MSDS for argon and failed to include argon on their Tier II reports for calendar years 2006 - 2009. This was corrected on 3/11/2011. The maximum quantity of argon at this facility at any one time is 400 lbs. The minimum threshold level (MTL) of argon for reporting is 10,000 lbs and thus at Flex-N-Gate it is below the MTL.

Defendants (1)

• Flex-N-Gate (Battle Creek, MI)Named in complaintNamed in settlement

Facilities (2)

• FLEX-N-GATE BATTLE CREEK LLC

  10250 F DR NORTH, BATTLE CREEK, MI, 49014

  Registry ID: 110009395056

• FLEX-N-GATE BATTLE CREEK LLC

  10250 F DR NORTH, BATTLE CREEK, MI, 49014

  Registry ID: 110009395056

Statutes cited

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

Enforcement conclusions (1)

• Flex-N-Gate (Battle Creek) NODentered 2011-06-03

  Primary law: EPCRA

Timeline (4 milestones)

• 2011-06-03Pipeline Closed
• 2011-06-03Enforcement Action Closed
• 2011-06-03Final Order Issued
• 2011-06-06Enforcement Action Data Entered