Respondent is engaged in business at the Facility at which a hazardous chemical is produced, used, or stored. On March 13, 2017, EPA conducted an inspection of the Facility to ascertain Respondent’s compliance with Section 103 of CERCLA and Sections 302-304 and 311 -312 of EPCRA. During and following the Inspection, Respondent submitted information to EPA regarding the Facility and its compliance with the emergency notification and emergency planning requirements of CERCLA and EPCRA.
On May 30, 2017, an estimated 8,619 pounds of anhydrous ammonia was released from the facility into the environment as a result of a mechanical failure of a safety relief valve.
The Release from the Facility constitutes a release of a hazardous substance in a quantity equal to or exceed ing the RQ for that hazardous substance, requiring immediate notification of the NRC pursuant to Section 103(a) of CERCLA.
The Release was not a federally permitted release as that term is used in Section 103(a) of CERCLA and 40 C.F.R. ยง 302.6, and defined in Section 101(10) of CERCLA.
Respondent first knew or should have known that the Release was occurring at approximately 12:30 a.m. on May 30, 2017. Based upon the Respondent ‘s statements during the Inspection and supporting documentation provided regarding the Release, the following events occurred on May 30, 2017, at the facility: