Document KRqB4npKYGXvNq9bvoLK1RkNr

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4 ATLANTA FEDERAL CENTER 61 FORSYTH STREET ATLANTA, GEORGIA 30303-8960 VIA ELECTRONIC MAIL Bryan Cook TRIS USA, Inc. 1803 Wilkinson Street Athens, Alabama 35611 bcook@trisusa.com Re: TRIS USA, Inc. - Athens, Alabama Notice of Potential Violation and Opportunity to Confer Dear Bryan Cook: Information currently available to the U.S. Environmental Protection Agency (EPA) suggests that TRIS USA, Inc. may have committed violations of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) requirements. By this letter, the EPA is extending to you an opportunity to advise the Agency via a conference call, or in writing, of any further information the EPA should consider with respect to the potential violations. Specifically, on September 13, 2022, an authorized representative of the EPA sent an information request letter to the facility located at 1803 Wilkinson Street, Athens, Alabama (the facility) to determine compliance with Section 312 of EPCRA, 42 U.S.C. 11022, and Section 313 of EPCRA, 42 U.S.C. 11023, and the regulations promulgated at 40 C.F.R. Parts 370 and 372, respectively. Based on information gathered, the EPA is concerned that the facility may have violated Section 312 of EPCRA and the requirements of 40 C.F.R. Part 370 as explained below. Summary of the Potential Section 312 Violations: EPCRA Section 312, 42 U.S.C. 11022, and 40 C.F.R. Part 370 state that the owner or operator of a facility that is required to prepare or have available a Material Safety Data Sheet (MSDS) or Safety Data Sheet (SDS) for hazardous chemicals under the Occupational Safety and Health Act of 1970 (OSHA) and regulations promulgated under that Act, shall submit to the Local Emergency Planning Committee (LEPC), the State Emergency Response Commission (SERC), and the fire department with jurisdiction over the facility, on or before March 1 annually, a completed emergency and hazardous chemical inventory form (Tier I or Tier II) as described in 40 C.F.R. Part 370. The form submitted must contain the information required by that Part for hazardous chemicals present at the facility at any one time in the previous calendar year in amounts equal to or greater than 10,000 pounds and contain the information required by that Part for extremely hazardous substances (EHS) present at the facility at any one time in amounts equal to or greater than the threshold planning quantity (TPQ) or 500 pounds, whichever is less. Internet Address (URL) http://www.epa.gov The information reviewed indicates that the facility stored extremely hazardous substances on-site above the reporting threshold of 500 pounds during calendar years 2019 and 2020. However, for the reporting year 2019, the facility submitted its Tier I or Tier II forms on April 27, 2020, which is after the deadline of March 1 as required under EPCRA Section 312. Additionally, Tier I or Tier II forms were not submitted for the reporting year 2020 as required under EPCRA Section 312. Pursuant to Section 325(c) of EPCRA, 42 U.S.C. 11045(c), and 40 C.F.R. Part 19, the EPA may assess a civil penalty for each violation of EPCRA Section 312. Civil penalties under Section 325(c) of EPCRA may be assessed by administrative order. Each day a violation of EPCRA Section 312 continues to exist constitutes a separate violation. Failure to report to the SERC, LEPC, and Fire Department are considered separate violations of EPCRA Section 312. To resolve the potential violations identified above, the EPA requests that a representative of the facility contact Justin Stark of my staff at 404-562-8305, or via email at stark.justin@epa.gov, within seven (7) calendar days of receipt of this letter to make arrangements to schedule a teleconference to discuss the potential violations and the EPA's possible enforcement action. Please inform Justin Stark if you intend to have legal representation present during these discussions. The facility may voluntarily submit any documentation or information that it would like the EPA to review in advance of any teleconference on the matter as to why you believe the EPA should not take an enforcement action with respect to the above-mentioned potential violations. If the facility decides to submit such documentation or information, the EPA respectively requests that the facility does so two weeks in advance of any teleconference on the matter. If you have questions regarding the type of information that should be submitted to the EPA or any other questions regarding this matter, please contact Justin Stark at the contact information identified above. Sincerely, JASON DRESSLER Digitally signed by JASON DRESSLER Date: 2023.02.01 09:15:08 -05'00' Jason Dressler Chief North Air Enforcement Section