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. § 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:
- At approximately 12:30 a.m., Respondent’s cleaning personnel heard an audible ammonia alarm, smelled ammonia, and evacuated the Facility.
- At approximately 12:40 a.m., Respondent’s cleaning personnel and security together verified the ammonia odor and visually observed the ammonia alarm’s yellow, flashing indicator light near the plant door from which the odor was emanating.
- At approximately 12:57 a.m., Respondent’s security personnel called 911 to notify them of the ongoing Release, the ammonia odor, and of a visible cloud of ammonia in the sky.
- At 1:04 a.m., the local fire department arrived at the Facility. By 1:14 a.m., a shelter-in-place for local residents was put into effect in response to the Release and the visible ammonia plume.
- At 2: 18 a.m., Respondent notified the LEPC of the release from the Facility and the LEPC indicated that they were already aware of the Release.
- At 2:23 a.m., Respondent notified the NRC of the Release.
- At 2:55 a.m., Respondent spoke with the Pennsylvania Department of Environmental Protection (“PADEP”) regarding the Release.
- By approximately 2:56 a.m. Respondent asserts that the Release was under control; however, hazardous material crews continued to investigate the Release until approximately 6:05 a.m. when the “all clear” determination was made.
Respondent completed formal calculations to determine the quantity of ammonia released from the Facility into the environment during the Release on June 1, 2017, and determined that an estimated 8,619 pounds of ammonia were released from the Facility during the Release on May 30, 2017.
ALLEGED VIOLATION OF SECTION 103 OF CERCLA
Respondent failed to immediately notify the NRC of the Release as soon as Respondent knew or should have known that a release of a hazardous substance had occurred on May 30, 2017, at the Facility in an amount equal to or exceeding the applicable RQ, as required by Section 103 of CERCLA. Respondent’s failure to immediately notify the NRC of the Release is a violation of Section 103 of CERCLA. Respondent is, therefore, subject to the assessment of penalties under Section 109 of CERCLA.
COUNT II
The 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. Respondent did not notify the SERC of the Release.
Respondent failed to immediately notify the SERC of the Release of ammonia as soon as Respondent knew or should have known that a release of an EHS had occurred on May 30, 2017, at the Facility in the 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 immediately notify the SERC of the Release is a violation of Section 304(a) and (b) of EPCRA. Respondent is, therefore, subject to the assessment of penalties under Section 325(b) of EPCRA.
COUNT III
The Release constitutes a release of an EHS in a quantity equal to or exceeding its RQ requiring immediate notification of the SERC pursuant to Section 304(a) and (b) of EPCRA and 40 C.F.R. Part 355, Subpart C, and, consequently, requiring the 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 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 Release is a violation of Section 304(c) of EPCRA. Respondent is, therefore, subject to the assessment of penalties under Section 325(6) of EPCRA.
COUNT IV
According to information supplied to EPA by Respondent, approximately 44,369 pounds of sodium bisulfite were present at the Facility during calendar year 2014. According to information supplied to EPA by Respondent, approximately 76,718 pounds of a 95% solution of sulfuric acid, were present at the Facility during the calendar year 2014.
Respondent had present at the Facility during the calendar year 2014 sodium bisulfite and sulfuric acid in amounts exceeding each chemical’s respective TPQ. Respondent is the owner of a facility that is required to prepare or have available MSDSs or SDSs for any hazardous chemicals present at the Facility under the OSHA Hazard Communication Standard, 29 C.F.R. § 1910.1200.
Respondent submitted to the Chemical Inventory SERC a Chemical Inventory Form for the calendar year 2014 by March 1, 2015. that failed to identify sodium bisulfite as being present at the Facility and inaccurately identified the quantity of sulfuric acid that was present at the Facility in the calendar year 2014.
Respondent failed to submit to the Chemical Inventory SERC a Chemical Inventory Form for the calendar year 2014 by March 1, 2015, that completely and accurately identified sodium bisulfite and sulfuric acid as present at the Facility in a quantity equal to or greater than the irrespective MTL or TPQ, and providing the information required by Section 312(d) of EPCRA.
Respondent’s failure to submit to the Chemical Inventory SERC a complete and accurate Chemical Inventory Form for the Facility for the calendar year 2014 constitutes a violation of Section 312 of EPCRA and is subject to the assessment of penalties under Section 325 of EPCRA.
COUNT V
According to information supplied to EPA by Respondent, approximately 78,799 pounds of sodium bisulfite was present at the Facility during the calendar year 2015. According to information supplied to EPA by Respondent, approximately 76,728 pounds of a 95% solution of sulfuric acid were present at the Facility during the calendar year 2015.
Respondent had present at the Facility during the calendar year 2015 sodium bisulfite and sulfuric acid in amounts exceeding each chemical’s respective TPQ. Respondent submitted to the Chemical Inventory SERC a Chemical Inventory Form for the calendar year 2015 by March 1, 2016, that failed to identify sodium bisulfite as being present at the Facility and inaccurately identified the quantity of sulfuric acid that was present at the Facility in the calendar year 2015.
Respondent failed to submit to the Chemical Inventory SERC a Chemical Inventory Form for the calendar year 2015 by March 1, 2016, that completely and accurately identified sodium bisulfite and sulfuric acid as present at the Facility in a quantity equal to or greater than their respective MTL or TPQ, and providing the information required by Section 312(d) of EPCRA.
Respondent’s failure to submit to the Chemical Inventory SERC a Chemical Inventory Form for the Facility for the calendar year 2015 constitutes a violation of Section 312 of EPCRA and is, therefore, subject to the assessment of penalties under Section 325 of EPCRA.
SETTLEMENT
In the 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. Respondent consents to the assessment of a civil penalty of $ 15,750 for the violations of Section 103 or CERCLA (“CERCLA civil penalty”), and a civil penalty of $47,250 for violations of Sections 304 and 312 of EPCRA (“EPCRA civil penalty”), set forth above, thereby consenting to the assessment of a combined, total civil penalty in the amount of $63,000.
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