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Slowdown Has Not Deterred EPA
Slowdown Has Not Deterred EPA From Penalizing Violators; Duty to Report Releases. EPA Region 5, which serves Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin, has been keeping busy by stepping up its enforcement efforts, even in these tough economic times. Here are some examples:
- EPA Region 5 settled a case with MBH Trucking, LLC, of Webberville, Michigan, whereby MBH will pay a civil penalty of $42,137 and spend at least $22,500 to provide chemical release reporting training to the trucking and agriculture industries in Michigan. What did MBH do to incur these penalties? A 920 pound release of anhydrous ammonia occurred while a MBH driver was making a delivery to a farm. The driver failed to provide immediate notification to the National Response Center (NRC) and to state and local emergency response authorities.
- EPA Region 5 recently settled a case with EMCO Chemical Distributors, Inc. (EMCO), of North Chicago, Illinois, whereby EMCO will pay a penalty of $82,661. EMCO was fined for failing to promptly report two hazardous chemical releases to the NRC. EMCO also failed to notify state and local emergency response authorities in a timely manner.
What constitutes "immediate" or "prompt" notification? EPA has interpreted "immediate" notification to mean that the NRC must be called within 15 minutes of discovery of a reportable release. There is generally not time to call your supervisor, and his supervisor, and notify the CEO, etc. If you are not sure if the release must be reported, the best rule of thumb is to call the NRC within 15 minutes and make the report. If you need assistance in determining what reporting requirements apply to your business, give us a call.
