West Haven Company To Pay $100K Penalty In Settlement: EPA

WEST HAVEN, CT — A West Haven chemical warehousing company has agreed to pay a penalty of more than $100,000 after reaching a settlement with the U.S. Environmental Protection Agency, officials announced.

The EPA recently reached a settlement with New England Warehousing Group, LLC, for alleged violations of both the Clean Air Act’s General Duty Clause and the Emergency Planning and Community Right-to-Know Act in 2019 and 2020, according to a news release.

Under the settlement, the company has agreed to pay a penalty of $109,635 and certify compliance with all its CAA GDC and EPCRA requirements.

“With this settlement, EPA is sending a strong message to companies that deal with dangerous chemicals – they have an obligation to comply with environmental laws in order to protect the communities where they are located,” EPA New England Regional Administrator David W. Cash said. “EPA was particularly concerned that emergency responders were not provided adequate information about the type and amount of chemicals stored on site, and that the facility is located in an area with environmental justice concerns.”

The New England Warehousing Group, LLC is a privately owned company that provides chemical warehousing and storage services to customers in New England, New York, and New Jersey. The company stores between 10 to 12 separate products at its West Haven facility that are “reportable substances under EPCRA Section 311 and 312’s chemical inventory reporting requirements,” according to the news release.

“Some of these products are considered extremely hazardous substances (‘EHSs’) covered by CAA GDC requirements applicable to sources producing, processing, handling, or storing EHSs,” the news release states. “NEWG handles and stores significant quantities of reportable substances at the facility and, in 2019, stored more than two million pounds total, including the highly flammable liquids ethanol, isopropyl alcohol, methanol, and acetone.”

Read more from the news release below:

The company’s alleged violations were first documented during an EPA inspection at NEWG’s warehousing facility at 82 West Clark Street. The company failed to conduct a process hazard review for the warehouse operation and to design and maintain a safe facility, under CAA GDC requirements, and failed to submit complete, timely EPCRA Section 311 and 312 Chemical Inventory reports (Tier IIs) with state and local emergency planning and response authorities. Before bringing a penalty action, EPA issued a Notice of Violation and Administrative Order to NEWG citing its GDC violations, which were corrected by the company after they conducted a process hazard review and made chemical management program changes at the facility. NEWG cooperated with EPA throughout the enforcement process.

NEWG’s facility is part of an eight-acre parcel located in a densely populated urban neighborhood. It is surrounded by numerous business and residential properties and lies within about 500 feet of a commuter rail station. The company’s past storage of hazardous chemicals at the facility presented substantial risk to human health and the environment, due to the presence of many highly flammable liquids. The facility is also located in an area of potential environmental justice concerns, due to the presence of relatively substantial environmental burdens and/or vulnerable populations.

This case is part of an initiative to improve safety and compliance at chemical warehouses. Through the initiative, EPA Region 1 has brought several civil and criminal cases against chemical warehouses and published information to assist with compliance.