“Minor” LOPC events that are allowed to continue over a weekend can be a COSTLY MISTAKE! Any LOPC event MUST be reported ASAP to that it can be addressed, regardless of how “minor” it may be considered! We have to keep our HHC/EHS’s in their PRIMARY CONTAINMENT and when we have a failure that lets the “tiger out of its cage” we need to address it IMMEDIATELY! This is also a PSM/RMP facility so it could be considered lucky that EPA did not actually seek the cause of the RQ Releases and issue some RMP citations.
Respondent is an engine crankshaft manufacturing facility that uses anhydrous ammonia as a source of Nitrogen in its heat-treating process. On April 19, 2017, EPA conducted an inspection of the Facility to determine Respondent’s compliance with Section 103 or CERCLA and Sections 302-312 of EPCRA. On or about June 16, 2016, beginning at approximately 8:20 PM, approximately 139 pounds of anhydrous ammonia (7664-41-7) was released from the Facility (the “2016 Release”). The 2016 Release lasted until approximately 11:00 AM on June 17, 2016. The facility became aware of the 2016 Release during the morning of July 18, 2016, upon performing calculations required under its Clean Air Act Title V operating permit. At approximately 2:00 PM on July 18, 2016, the facility contacted a contractor to inquire about procedures for reporting an accidental release; the contractor responded at some point prior to 10:00 AM on July 19, 2016. At approximately 12:00 PM on July 19, 2016, the facility notified the LEPC of the 2016 Release and at approximately 2:00 PM on July 19, 2016, the facility notified the NRC of the 2016 Release.
On or about October 3, 2018, beginning at approximately 7:30 PM, and ending at approximately 6:00 AM on October 4, 20 18, approximately 160 pounds of anhydrous ammonia was released from the Facility (“2018 Release”). At approximately 3:00 PM on October 5, 2018, the Facility notified the LEPC of the 2018 Release and at approximately 9:51 AM on October 10, 2018, the Facility notified the NRC of the 2018 Release.
COUNT I (SECTION 103(a) of CERCLA, 2016 RELEASE)
Section 103(a) of CERCLA, as implemented by 40 C.F.R. Part 302, requires, in relevant part, a person in charge of a facility to immediately notify the National Response Center (“NRC”) as soon as he/she has knowledge of a release (other than a federally permitted release) of a hazardous substance from such facility in a quantity equal to or greater than the RQ.
Anhydrous ammonia is a hazardous substance with an RQ of 100 pounds, as listed in 40 C.F.R. § 302.4.
The 2016 Release from the Facility constitutes a release of a hazardous substance in a quantity equal to or exceeding the RQ for that hazardous substance, requiring immediate notification of the NRC pursuant to Section 103(a) of CERCLA, 42 U.S.C. § 9603(a).
The 2016 Release was not a “federally permitted release” as that term is used in Section 103(a) of CERCLA, and 40 C.F.R. § 302.6, and defined in Section 101(10) of CERCLA. Respondent knew or should have known about the 2016 Release at some point in the morning of July 18, 2016, and certainly no later than 2:00 PM on July 18, 2019. Respondent did not notify the NRC of the 2016 Release until approximately 2:00 PM on July 19, 2016.
Respondent failed to immediately notify the NRC of the 2016 Release as soon as Respondent knew or should have known that a release of a hazardous substance had occurred at the facility in an amount equal to or exceeding the applicable RQ, as required by Section 103 of CERCLA, 40 C.F.R. § 302.6.
Respondent ‘s failure to immediately notify the NRC of the 2016 Release is a violation of Section 103 of CERCLA.
COUNT II (304(a) AND (b) of EPCRA, SERC, 2016 RELEASE)
Section 304(a) and (b) of EPCRA, as implemented by 40 C.f.R. Part 355, Subpart C, requires, in relevant part, the owner or operator of a facility at which hazardous chemicals are produced, used, or stored to notify the SERC and LEPC immediately following a release of a hazardous substance or an EHS in a quantity equal to or exceeding the RQ for the hazardous substance or EHS. The list of EHSs and their respective RQs is codified at 40 C.F.R. Part 355, Appendices A and B.
The chemical anhydrous ammonia is a hazardous substance, as defined under Section 101 of CERCLA and 40 C.F.R. § 302.3, and an EHS as defined under Section 302(a) of EPCRA and 40 C.F.R. § 355.61, with an RQ of 100 pounds, as listed in 40 C.F.R. Part 355, Appendices A and B, and 40 C.F.R. § 302.4.
The 2016 Release required immediate notification to the SERC pursuant to Section 304(a)(1) and (b) of EPCRA and 40 C.F.R. Part 355, Subpart C.
The Respondent never notified the SERC of the 2016 Release. Respondent failed to immediately notify the SERC of the 2016 Release of anhydrous ammonia as soon as Respondent knew that a release of a hazardous substance had occurred at the facility in an amount equal to or exceeding its RQ, as required by Section 304(a) and (b) of EPCRA and 40 C.F.R. Part 355, Subpart C.
Respondent’s failure to notify the SERC immediately of the 2016 Release is a violation of Section 304(a) and (b) of EPCRA.
COUNT III (SECTION 304(a) AND (b) of EPCRA, LEPC, 2016 RELEASE)
The 2016 Release required immediate notification to the LEPC pursuant to Section 304(a)(1) and (b) of EPCRA and 40 C.F.R. Part 355, Subpart C.
Respondent did not notify the LEPC of the 2016 Release until approximately 12:00 PM on July 19, 2016. Respondent failed to immediately notify the LEPC of the 2016 Release of anhydrous ammonia as soon as Respondent knew that a release of a hazardous substance had occurred at the facility in an amount equal to or exceed ing its RQ, as required by Section 304(a) and (b) of EPCRA and 40 C.F.R. Part 355, Subpart C.
Respondent’s failure to notify the LEPC immediately of the 2016 Release is a violation of Section 304(a) and (b) of EPCRA.
COUNT IV (SECTION 304(c) of EPCRA, SERC, 2016 RELEASE)
Section 304(c) of EPCRA, as implemented by 40 C.F.R. Part 355, Subpart C, requires, in relevant part, that, after a release that is reportable under Section 304(a) of EPCRA, the owner or operator of the facility must provide a written follow-up report regarding the release to the SERC as soon as practicable.
The 2016 Release constitutes a release of a hazardous substance, which is also an EHS, in a quantity equal to or exceeding its RQ requiring immediate notification to the SERC pursuant to Section 304(a) and (b) of EPCRA and 40 C.F.R. Part 355, Subpart C, and consequently, requiring submission of a written follow-up report to the SERC pursuant to Section 304(c) of EPCRA and 40 C.F.R. Part 355, Subpart C.
Respondent did not provide a written follow-up report regarding the 2016 Release to the SERC, as required by Section 304(c) of EPCRA as implemented by 40 C.F.R. Part 355, Subpart C.
Respondent ‘s failure to submit a written follow-up report to the SERC for the 2016 Release is a violation of Section 304(c) of EPCRA. Respondent is, therefore, subject to the assessment of penalties under Section 325(b) of EPCRA.
COUNT V (SECTION 103(a) of CERCLA, 2018 RELEASE)
The 2018 Release from the Facility constitutes a release of a hazardous substance in a quantity equal to or exceeding the RQ for that hazardous substance, requiring immediate notification of the NRC pursuant to Section 103(a) of CERCLA.
The 2018 Release was not a “federally permitted release” as that term is used in Section 103(a) of CERCLA and 40 C.F.R. § 302.6. Respondent knew or should have known about the 2018 Release at some point in the morning of October 4, 2018. Respondent did not notify the NRC of the 2018 Release until approximately 9:51 AM on October 10, 2018. Respondent failed to immediately notify the NRC of the 2018 Release as soon as Respondent knew or should have known that a release of a hazardous substance had occurred at the facility in an amount equal to or exceeding the applicable RQ, as required by Section 103 of CERCLA and 40 C.F. R. § 302.6.
Respondent’s failure to immediately notify the NRC of the 2018 Release is a violation of Section 103 of CERCLA.
COUNT VI (SECTION 304(a) AND (b) of EPCRA, SERC, 2018 RELEASE)
The 2018 Release required immediate notification to the SERC pursuant to Section 304(a)(1) and (b) of EPCRA and 40 C.F .R. Part 355, Subpart C. The Respondent did not notify the SERC of the 2018 Release until approximately 5:35 PM on October 5, 2018. Respondent failed to immediately notify the SERC of the 2018 Release of anhydrous ammonia as soon as Respondent knew that a release of a hazardous substance had occurred at the facility in an amount equal to or exceeding its RQ, as required by Section 304(a) and (b) of EPCRA and 40 C.F.R. Part 355, Subpart C.
Respondent’s failure to notify the SERC immediately of the 2018 Release is a violation of Section 304(a) and (b) of EPCRA
COUNT VII (VIOLATION OF SECTION 304(a) AND (b) of EPCRA, LEPC, 2018 RELEASE)
The 2018 Release required immediate notification to the LEPC pursuant to Section 304(a)(1) and (b) of EPCRA and 40 C.F. R. Part 355, Subpart C. Respondent did not notify the LEPC of the 2018 Release until approximately 5:00 PM on October 5, 2018. Respondent failed to immediately notify the LEPC of the 2018 Release of anhydrous ammonia as soon as Respondent knew that a release of a hazardous substance had occurred at the facility in an amount equal to or exceeding its RQ, as required by Section 304(a) and (b) of EPCRA and 40 C.F .R. Part 355, Subpart C.
Respondent’s failure to notify the LEPC immediately of the 2018 Release is a violation of Section 304(a) and (b) of EPCRA
COUNT VIII (SECTION 304(c) of EPCRA, SERC, 2018 RELEASE)
The 2018 Release constitutes a release of a hazardous substance, which is also an EHS, in a quantity equal to or exceeding its RQ requiring immediate notification to the SERC pursuant to Section 304(a) and (b) of EPCRA and 40 C.F.R. Part 355, Subpart C, and consequently, requiring submission of a written follow-up report to the SERC pursuant to Section 304(c) of EPCRA and 40 C.F.R. Part 355, Subpart C. Respondent did not provide a written follow-up report regarding the 2018 Release to the SERC, as required by Section 304(c) of EPCRA, 42 U.S.C. § 11004(c), as implemented by 40 C.F.R. Part 355, Subpart C.
Respondent’s failure to submit a written follow-up report to the SERC for the 2018 Release is a violation of Section 304(c) of EPCRA.
COUNT IX (SECTION 304(c) of EPCRA, LEPC, 2018 RELEASE)
The 2018 Release constitutes a release of a hazardous substance, which is also an EHS, in a quantity equal to or exceeding its RQ requiring immediate notification to the LEPC pursuant to Section 304(a) and (b) of EPCRA and 40 C.F.R. Part 355, Subpart C, and consequently, requiring submission of a written follow-up report to the LEPC pursuant to Section 304(c) of EPCRA and 40 C.F.R. Part 355, Subpart C.
Respondent did not provide written follow-up notice regarding the 2018 Release to the LEPC, as required by Section 304(c) of EPCRA and 40 C.F.R. Part 355, Subpart C.
Respondent ‘s failure to submit a written follow-up report to the LEPC for the 2018 Release is a violation of Section 304(c) of EPCRA.
SETTLEMENT
In full and final settlement and resolution of all allegations referenced in the foregoing findings of fact and conclusions of law, and in full satisfaction of all civil penalty claims pursuant thereto, for the purpose of this proceeding, the Respondent consents to the assessment of a civil penalty for the violations of Section 103 of CERCLA, in the amount of$ 17,646.00 and Section 304(a) and (b) of EPCRA and Section 304(c) of EPCRA set forth above, in the amount of $65,288.00 for a total penalty of $82,934.00.