Respondent produced, used, or stored ammonia at the Facility and released a reportable quantity of an EHS, ammonia. On or about August 31, 2022, a “release” of ammonia in excess of 100 pounds occurred at the Facility (the release).
As a result of the information obtained by the EPA and subsequent investigation, the Complainant has determined that the Respondent has violated the reporting requirements of Section 304 of EPCRA and Section 103(a) of CERCLA.
Count 1: Failure to immediately notify the NRC as required by CERCLA § 103.
On August 31, 2022, a release occurred at the Facility, resulting in approximately 305-350 pounds of ammonia being emitted into the air over a 24-hour period. The release was a “release” as that term is defined under Section 101(22) of CERCLA and Section 329(8) of EPCRA. The release surpassed the reportable quantity for ammonia.
Respondent had knowledge that the release surpassed the reportable quantity for ammonia on August 31, 2022, no later than 13:04 PT/16:04 ET.
The release required immediate notification under Section 103(a) of CERCLA, thus requiring immediate notification under Section 304(a) of EPCRA. Respondent reported the release to the NRC on August 31, 2022, at 15:33 PT/18:33 ET.
By failing to immediately notify the NRC as soon as Respondent knew or should have known that the release was of an amount equal to or greater than the reportable quantity, Respondent violated Section 103(a) of CERCLA and 40 C.F.R. § 302.6.
Count 2: Failure to immediately notify the SERC as required by EPCRA § 304(a).
On August 31, 2022, a release occurred from the Facility that resulted in approximately 305-350 pounds of ammonia emitted to the air over a 24-hour period.
The release surpassed the reportable quantity for ammonia. Respondent had knowledge that the release surpassed the reportable quantity for ammonia on August 31, 2022, no later than 13:04 PT/16:04 ET.
The release required immediate notification under Section 103(a) of CERCLA, thus requiring immediate notification under Section 304(a) of EPCRA.
The respondent did not immediately notify the SERC of the release. By failing to immediately notify the SERC as soon as Respondent knew or should have known that the release was of an amount equal to or greater than the reportable quantity, Respondent violated Section 304(a) of EPCRA and 40 C.F.R. §§ 355.42(a) and 355.43(a).
Count 3: Failure to immediately notify the LEPC as required by EPCRA § 304(a).
On August 31, 2022, a release occurred from the Facility that resulted in approximately 305-350 pounds of ammonia emitted to the air over a 24-hour period.
The release was a “release” as that term is defined under Section 101 (22) of CERCLA, 42 U.S.C. § 9601(22), and Section 329(8) of EPCRA, 42 U.S.C. § 11049(8).
The release surpassed the reportable quantity for ammonia. Respondent had knowledge that the release surpassed the reportable quantity for ammonia on August 31, 2022, no later than 13:04 PT/16:04 ET.
The release required immediate notification under Section 103(a) of CERCLA, thus requiring immediate notification under Section 304(a) of EPCRA.
The respondent did not immediately notify the LEPC of the release. By failing to immediately notify the LEPC as soon as Respondent knew or should have known that the release was of an amount equal to or greater than the reportable quantity,
Respondent violated Section 304(a) of EPCRA and 40 C.F.R. §§ 355.42(a) and 355.43(a).
Count 4: Failure to timely submit the follow-up notice to the SERC as required by EPCRA § 304(c).
The release was a “release” as that term is defined under Section 101(22) of CERCLA, 42 U.S.C. § 9601(22), and Section 329(8) of EPCRA. The release surpassed the reportable quantity for ammonia. Respondent had knowledge that the release surpassed the reportable quantity for ammonia on October 5, 2022, no later than 13:04 PT/16:04 ET. Respondent was required to provide notice to the SERC under Section 304(a) of EPCRA, as a result of the release. Therefore, pursuant to Section 304(c) of EPCRA, Respondent was required to provide a written follow-up emergency notice to the SERC as soon as practicable after the release.
Respondent failed to timely provide a written follow-up emergency notice to the SERC. Respondent submitted the notice to the SERC on April 18, 2025. Respondent’s failure to provide a written follow-up emergency notice to the SERC as soon as practicable after the release is a violation of Section 304(c) of EPCRA.
Count 5: Failure to timely submit the follow-up notice to the LEPC as required by EPCRA § 304(c).
The release surpassed the reportable quantity for ammonia. Respondent had knowledge that the release surpassed the reportable quantity for ammonia on August 31, 2022, no later than 13:04 PT/16:04 ET. Respondent was required to provide notice to the LEPC under Section 304(a) of EPCRA, as a result of the release. Therefore, pursuant to Section 304(c) of EPCRA Respondent was required to provide a written follow-up emergency notice to the LEPC as soon as practicable after the release.
Respondent failed to provide a timely written follow-up emergency notice to the LEPC. Respondent submitted the notice to the LEPC on April 18, 2025. Respondent’s failure to provide a written follow-up emergency notice to the LEPC as soon as practicable after the release is a violation of Section 304(c) of EPCRA.
TERMS OF SETTLEMENT
In determining the amount of penalty to be assessed, EPA has taken into account the factors specified in Section 325(b) of EPCRA, and Section 109(a)(3) of CERCLA. After considering these factors, EPA has determined and Respondent agrees that an appropriate penalty to settle this action is $65,000 (the “Assessed Penalty”), $13,000 of which reflects violations of CERCLA, and $52,000 of which reflects violations of EPCRA.
CLICK HERE for CAFO