Respondent was the owner or operator of a pulp and paperboard manufacturing facility. At all times relevant to this Consent Agreement, Respondent was in charge of the Facility. At all times relevant to this Consent Agreement, Respondent produced, used, or stored chlorine at the Facility. Chlorine is a “hazardous substance” listed in 40 C.F.R. Part 302, Table 302.4, and an “extremely hazardous substance” listed in 40 C.F.R. Part 355, Appendices A and B, with a reportable quantity of 10 pounds over any continuous 24-hour period.
The facility had four (4) reportable Cl2 releases over a 3-year period.
RELEASE 1: COUNTS 1-4
On September 16, 2019, a release (or releases) occurred from the Facility that resulted in approximately 53 to 171 pounds of chlorine emitted to the air over a 24-hour period (“Release 1”).
Release 1 surpassed the reportable quantity for chlorine.
Respondent had knowledge that Release 1 surpassed the reportable quantity for chlorine no later than July 17, 2020, where Respondent knew or should have known that over 10 pounds of chlorine was released over a 24-hour period.
Release 1 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, SERC, and LEPC on July 31, 2020.
By failing to immediately notify the NRC as soon as Respondent knew or should have known that Release 1 was of an amount equal to or greater than the reportable quantity, Respondent violated Section 103(a) of CERCLA, 42 U.S.C. § 9603(a), and 40 C.F.R. § 302.6.
By failing to immediately notify the SERC and the LEPC as soon as Respondent knew or should have known that Release 1 was of an amount equal to or greater than the reportable quantity, Respondent violated Section 304(a) of EPCRA, 42 U.S.C. § 11004(a), and
40 C.F.R. §§ 355.42(a) and 355.43(a).
Respondent submitted a follow-up notification regarding Release 1 to the SERC and LEPC on August 3, 2020. Therefore, Respondent failed to submit a written follow-up notification as soon as practicable to the SERC and to the LEPC, each of which constituted an independent violation of Section 304(c) ofEPCRA, 42 U.S.C. § 11004(c), and 40 C.F.R. §§ 355.42(a) and 355.43(b).
RELEASE 2: COUNTS 5-8
On September 20, 2019, a release (or releases) occurred from the Facility that resulted in approximately 122 pounds of chlorine emitted to the air over a 24-hour period (“Release 2”).
Release 2 surpassed the reportable quantity for chlorine.
Respondent had knowledge that Release 2 surpassed the reportable quantity for chlorine no later than July 17, 2020, where Respondent knew or should have known that over 10 pounds of chlorine was released over a 24-hour period.
Release 2 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, SERC, and LEPC on July 31, 2020.
By failing to immediately notify the NRC as soon as Respondent knew or should have known that Release 2 was of an amount equal to or greater than the reportable quantity, Respondent violated Section 103(a) of CERCLA, 42 U.S.C. § 9603(a), and 40 C.F.R. § 302.6.
By failing to immediately notify the SERC and the LEPC as soon as Respondent knew or should have known that Release 2 was of an amount equal to or greater than the reportable quantity, Respondent violated Section 304(a) of EPCRA, 42 U.S.C. § 11004(a), and
40 C.F.R. §§ 355.42(a) and 355.43(a).
Respondent submitted a follow-up notification regarding Release 2 to the SERC and LEPC on August 3, 2020.
Therefore, Respondent failed to submit a written follow-up notification as soon as practicable to the SERC and to the LEPC, each of which constituted an independent violation of Section 304(c) ofEPCRA, 42 U.S.C. § 11004(c), and 40 C.F.R. §§ 355.42(a) and 355.43(b).
RELEASE 3: COUNTS 9-12
On January 5 and January 6, 2020, a release (or releases) occurred from the Facility that resulted in approximately 24 to 55 pounds of chlorine emitted to the air over a 24-hour period (“Release 3”).
Release 3 was a “release” as that term is defined under Section 101(22) of CERCLA, and Section 329(8) ofEPCRA, 42 U.S.C. § 11049(8).
Release 3 surpassed the reportable quantity for chlorine.
Respondent had knowledge that Release 3 surpassed the reportable quantity for chlorine no later than July 17, 2020, where Respondent knew or should have known that over 10 pounds of chlorine was released over a 24-hour period.
Release 3 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, SERC, and LEPC on July 31, 2020.
By failing to immediately notify the NRC as soon as Respondent knew or should have known that Release 3 was of an amount equal to or greater than the reportable quantity, Respondent violated Section 103(a) of CERCLA, 42 U.S.C. § 9603(a), and 40 C.F.R. § 302.6.
By failing to immediately notify the SERC and the LEPC as soon as Respondent knew or should have known that Release 3 was of an amount equal to or greater than the reportable quantity, Respondent violated Section 304(a) of EPCRA, 42 U.S.C. § 11004(a), and
40 C.F.R. §§ 355.42(a) and 355.43(a).
Respondent submitted a follow-up notification regarding Release 3 to the SERC and LEPC on August 3, 2020.
Therefore, Respondent failed to submit a written follow-up notification as soon as practicable to the SERC and to the LEPC, each of which constituted an independent violation of Section 304(c) ofEPCRA, 42 U.S.C. § 11004(c), and 40 C.F.R. §§ 355.42(a) and 355.43(b).
RELEASE 4: COUNTS 13-14
On January 20 and 21, 2021, a release (or releases) occurred from the Facility that resulted in approximately 12 pounds of chlorine emitted to the air over a 24-hour period (“Release 4”).
Release 4 was a “release” as that term is defined under Section 101(22) of CERCLA, and Section 329(8) ofEPCRA, 42 U.S.C. § 11049(8).
Release 4 surpassed the reportable quantity for chlorine.
Respondent had knowledge that Release 4 surpassed the reportable quantity for chlorine on January 21, 2021, no later than 00:15.
Release 4 required immediate notification under Section 103(a) of CERCLA, thus requiring immediate notification under Section 304(a) of EPCRA.
Respondent reported Release 4 to the NRC on January 21, 2021, at 09:17.
Respondent reported Release 4 to the SERC and LEPC on January 21, 2021, at 09:23.
By failing to immediately notify the NRC as soon as Respondent knew or should have known that Release 4 was of an amount equal to or greater than the reportable quantity, Respondent violated Section 103(a) of CERCLA, 42 U.S.C. § 9603(a), and 40 C.F.R. § 302.6.
By failing to immediately notify the SERC and the LEPC as soon as Respondent knew or should have known that Release 4 was of an amount equal to or greater than the reportable quantity, Respondent violated Section 304(a) of EPCRA, 42 U.S.C. § 11004(a), and
40 C.F.R. §§ 355.42(a) and 355.43(a).
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, 42 U.S.C. § 11045(b), and Section 109(a)(3) of CERCLA, 42 U.S.C. § 9609(a)(3). After considering these factors, EPA has determined, and Respondent agrees, that an appropriate penalty to settle this action is $322,088 (the “Assessed Penalty”).
$84,769 of the Assessed Penalty reflects violations of CERCLA, and $237,319 of the penalty reflects violations of EPCRA .
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