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Connecticut Company Settles with E.P.A. for Chemical Reporting Lapses at Manchester N.H. Facility

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Category: Compliance/Enforcement
Type: News
Source: EPA
Date: Wednesday, August 5th, 2015

BOSTON - An E.P.A. settlement reached with BWE, Inc., an East Hartford, Conneticut company that stores and distributes petroleum products and other flammable liquids at several facilities in New England, will help ensure that the community and emergency responders have the information they need to project for accidents and protect themselves against potentially dangerous materials.

BWE, Incorporated has agreed to pay $82,200 to settle claims it failed to file timely chemical inventory reports required by a federal right-to-know law. BWE, which operates as G.H. Berlin-Windward, stores petroleum products and other flammable liquids in warehouses throughout New England. The company agreed to pay the penalty to settle claims it violated the federal Emergency Planning and Community Right-to-Know Act (EPCRA) at its Manchester, N.H. facility.

The case is based on an inspection by E.P.A. New England at the company's West Rutland, Vt. facility in May 2012 and additional investigations into compliance with reporting requirements at the company's other facilities, including in Manchester. E.P.A. alleged that the company failed to report hazardous chemicals present at the Manchester facility by the yearly deadlines in 2012 and 2013. The specific requirements involved "Tier II" forms, required under provisions of EPCRA Sections 311 and 312. As part of the settlement, the company certified that it is now in compliance with federal reporting requirements. The products stored and distributed by BWE are used in trucks, automobiles, and industry.

Chemicals at the Manchester facility include, among others, methanol and diesel fuel. Methanol is highly flammable and requires specialized emergency response because of the way in which it burns. Likewise, diesel fuel is flammable.

"Lack of chemical inventory information can compromise proper emergency planning and response by the local officials," said Curt Spalding, regional administrator of EPA's New England office. "The penalty paid by BWE is a reminder to other companies that the federal government takes seriously the public's right and need to know about chemicals present in the community."

More information about the federal Emergency Planning and Community Right-to-Know Act: http://www2.epa.gov/epcra

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