Respondent operates a facility that produces glass-to-metal seals and high-temperature co-fired ceramics for use in semiconductor products. The Facility is located just over half a mile from a residential neighborhood; just under three-quarters of a mile from a charter school; just over three-quarters of a mile from a church and a skating rink; less than one mile from an elementary school and a fire station; a mile from a high school, and just over a mile and a quarter from hospitals and downtown, with its businesses, restaurants, and hotels.
Respondent uses anhydrous ammonia in its manufacturing process to supply a nitrogen and hydrogen atmosphere to several of its ovens. The anhydrous ammonia is stored in a tank outside the Facility and is piped inside to be thermally “cracked” into hydrogen and nitrogen in two ammonia dissociators for use in the Facility’s ovens.
Beginning no later than March 1, 2019, the Facility has stored and handled anhydrous ammonia in its outdoor ammonia storage tank, piping, and indoor equipment. Anhydrous ammonia is an “extremely hazardous substance” within the meaning of the General Duty Clause of Section 112(r)(1) of the CAA. The unanticipated emission of anhydrous ammonia into the ambient air from the Facility would constitute an “accidental release,” as that term is defined by Section 112(r)(2)(A) of the CAA. Accordingly, Respondent operates a stationary source that stores and handles anhydrous ammonia, an extremely hazardous substance, and is subject to the CAA’s General Duty Clause at Section 112(r)(1) of the CAA.
During calendar years 2019 through 2021, the Facility “otherwise used” anhydrous ammonia each year in quantities greater than 10,000 pounds.
The EPCRA TRI reporting threshold set out at 40 C.F.R. § 372.25 for a facility that otherwise uses anhydrous ammonia is 10,000 pounds per year. Accordingly, the requirements of Section 313 of EPCRA, 42 U.S.C. § 11023, apply to Respondent at the Facility.
An EPA representative initially contacted Respondent on January 4, 2023, to request information about Respondent’s compliance with EPCRA Section 313. Respondent provided a response to EPA on February 3, 2023. On February 9, 2023, an EPA inspector conducted an inspection at the Facility to determine whether Respondent was complying with EPCRA and with Section 112(r) of the CAA.
ALLEGED VIOLATIONS
Count 1: Failure to Perform a Process Hazard Review
Pursuant to the General Duty Clause in Section 112(r)(1) of the CAA, owners and operators of stationary sources producing, processing, handling, or storing extremely hazardous substances have a general duty, in the same manner and to the same extent as Section 654 of Title 29, to identify hazards that may result from accidental releases of such substances, using appropriate hazard assessment techniques.
To identify hazards that may result from accidental releases of extremely hazardous substances under the General Duty Clause, owners and operators of stationary sources should determine: (a) the intrinsic hazards of the chemicals used in the processes, (b) the risks of accidental releases from the processes through possible release scenarios; and (c) the potential effect of these releases on the public and the environment, using appropriate hazard assessment
techniques.
Since March 1, 2019, the Respondent has stored, handled, and used anhydrous ammonia at the Facility. Anhydrous ammonia is an “extremely hazardous substance” within the meaning of the General Duty Clause and is specifically included in a list of extremely hazardous substances in Section 112(r)(3) of the CAA. Pursuant to the General Duty Clause, Respondent was required to identify hazards that may result from accidental releases of anhydrous ammonia by using appropriate, industry-recognized hazard assessment techniques.
Prior to EPA’s EPCRA and CAA Section 112(r) compliance inspection in February 2023, Respondent had not identified hazards that could result from accidental releases of anhydrous ammonia at the Facility by using appropriate hazardous assessment techniques. Respondent subsequently conducted a written process hazard review for anhydrous ammonia in
May 2023.
Accordingly, Respondent failed to properly identify hazards that may result from accidental releases of anhydrous ammonia and thereby violated the General Duty Clause at Section 112(r)(1) of the CAA.
Count 2: Failure to Timely Submit TRI Form For Anhydrous Ammonia for Calendar Year 2019
During the calendar year 2019, Respondent otherwise used anhydrous ammonia, a toxic chemical listed under 40 C.F.R. § 372.65(a), at the Facility in quantities greater than the 10,000-pound threshold amount established for EPCRA TRI reporting by 40 C.F.R. § 372.25.
Respondent was therefore required to submit to EPA a TRI Form for anhydrous ammonia for calendar year 2019 on or before July 1, 2020. See Section 313(a) of EPCRA and 40 C.F.R. §§ 372.30 (a) and (d).
Respondent failed to submit a TRI Form for anhydrous ammonia for calendar year 2019 to EPA on or before July 1, 2020.
44. Respondent’s failure to timely submit a TRI Form for anhydrous ammonia for calendar year 2019 violated Section 313 of EPCRA and 40 C.F.R. Part 372.
Count 3: Failure to Timely Submit TRI Form For Anhydrous Ammonia for Calendar Year 2020
During calendar year 2020, Respondent otherwise used anhydrous ammonia, a toxic chemical listed under 40 C.F.R. § 372.65(a), at the Facility in quantities greater than the 10,000-pound threshold amount established for EPCRA TRI reporting by 40 C.F.R. § 372.25.
Respondent was therefore required to submit to EPA a TRI Form for anhydrous ammonia for calendar year 2020 on or before July 1, 2021. See Section 313(a) of EPCRA and 40 C.F.R. §§ 372.30 (a) and (d).
Respondent failed to submit a TRI Form for anhydrous ammonia for calendar year 2020 to EPA on or before July 1, 2021.
48. Respondent’s failure to timely submit a TRI Form for anhydrous ammonia for calendar year 2020 violated Section 313 of EPCRA and 40 C.F.R. Part 372.
Count 4: Failure to Timely Submit TRI Form For Anhydrous Ammonia for Calendar Year 2021
During calendar year 2021, Respondent otherwise used anhydrous ammonia, a toxic chemical listed under 40 C.F.R. § 372.65(a), at the Facility in quantities greater than the 10,000-pound threshold amount established for EPCRA TRI reporting by 40 C.F.R. § 372.25.
Respondent was therefore required to submit to EPA a TRI Form for anhydrous ammonia for calendar year 2021 on or before July 1, 2022. See Section 313(a) of EPCRA and 40 C.F.R. §§ 372.30 (a) and (d).
Respondent failed to submit a TRI Form for anhydrous ammonia for calendar year 2021 to EPA on or before July 1, 2022.
Respondent’s failure to timely submit a TRI Form for anhydrous ammonia for calendar year 2021 violated Section 313 of EPCRA and 40 C.F.R. Part 372.
TERMS OF SETTLEMENT
Respondent certifies that it has corrected or addressed the alleged violations cited in Section III of this CAFO regarding the General Duty Clause of Section 112(r)(1) of the CAA, 42 U.S.C. § 7412(r)(1), and Section 313 of EPCRA, 42 U.S.C. § 11023, and the regulations promulgated thereunder at 40 C.F.R. Part 372, and will operate its Facility in compliance with these statutory and regulatory provisions.
Pursuant to Section 325(c) of EPCRA and Section 113(d) of the CAA, 42 U.S.C. § 7413(d), and taking into account the particular facts and circumstances of this case with reference to relevant statutory penalty criteria and applicable penalty policies, Complainant has determined that it is fair and proper that Respondent pay a total civil penalty in
the amount of $117,647 to resolve the violations alleged in Section III of this CAFO.
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