EPA v. Ozburn-Hessey Logistics (OHL) Plainfield, IN CAFO

Case summary

Respondent is Ozburn-Hessey Logistics (OHL), Plainfield, Indiana entered into this CAFO with USEPA Region V, with the following counts: Count 1: Respondent submitted to the SERC an MSDS or a list showing sulfuric acid no earlier than April 4, 2011, which is a violation of EPCRA Section, which states that Respondent must submit said MSDS by March 31, 2008; Count 2: Respondent submitted an MSDS or list showing sulfuric acid no earlier than April 4, 2011, which should have been filed by March 31, 2008; Count 3: Respondent submitted to the SERC an MSDS or a list showing lead no earlier than April4, 2011, which was due by March 31, 2008; Count 4: Respondent submitted to the LEPC an MSDS or list for lead no earlier than April 4, 2011, which should have been submitted by March 31, 2008; Count 5: Respondent never submitted to the SERC, LEPC and Plainfield IN Fire Department a completed Emergency and Hazardous Chemical Inventory Form for calendar year 2009, which should have been filed for sulfuric acid and lead by March 1, 2010; Count 6: Respondent submitted to the SERC a completed Emergency and Hazardous Chemical Inventory Form including sulfuric acid and lead no earlier than April4, 2011, for calendar year 2010, which should have been filed by March 1, 2011; Count 7: Respondent submitted to the LEC a completed Emergency and Hazardous Chemical Inventory Form including sulfuric acid and lead no earlier than April 4, 2011 for calendar year 2010. Which should have been filed by March 1, 2011; Count 8: Respondent submitted to the Plainfield Fire Department a completed Emergency and Hazardous Chemical Inventory form no earlier than April 4, 2011, which should have been filed by March 1, 2011; Count 9: Respondent submitted to the SERC a completed Emergency and Hazardous Chemical Inventory Form including sulfuric acid and lead on August 1, 2014, for calendar year 2011, which should have been submitted no later than March 1, 2012; Count 10: As of September 30, 2013, Respondent had not submitted to the LEPC a completed Emergency and Hazardous Chemical Inventory Form including sulfuric acid and lead for calendar year 2011, which was due no later than March 1, 2012; Count 11: As of November 6, 2013, Respondent had not submitted to the Plainfield Fire Department a completed Emergency and Hazardous Chemical Inventory Form including sulfuric acid and lead by March 1, 2012 for calendar year 2011; Count 12: As of September 30, 2013, Respondent had not submitted to the LEPC a completed Emergency and Hazardous Chemical Inventory Form including sulfuric acid and lead for calendar year 2012., which should have been submitted no later than March 1, 2013; Count 13: Respondent submitted to the SERC a completed Emergency and Hazardous Chemical Inventory Form including sulfuric acid and lead on August 1, 2014 for calendar year 2013, which should have been submitted no later than March 1, 2014. Complainant determined that an appropriate civil penalty to settle this action was $171,483, due within 30 days from the effective date of this CAFO.

Defendants (1)

• Ozburn-Hessey Logistics (OHL)Named in complaintNamed in settlement

Facilities (1)

• OZBURN-HESSEY LOGISTICS (OHL)

  1100 WHITAKER ROAD, PLAINFIELD, IN, 46168

  Registry ID: 110043461447

Statutes cited

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

Enforcement conclusions (1)

• Ozburn-Hessey Logistics (OHL) Plainfield, IN CAFOentered 2015-02-24

  Primary law: EPCRA

  Federal penalty: $171,483

Timeline (5 milestones)

• 2015-02-24Enforcement Action Closed
• 2015-02-24Final Order Issued
• 2015-02-24Complaint Filed/Proposed Order
• 2015-02-24Pipeline Closed
• 2015-03-02Enforcement Action Data Entered