This is a lesson in reporting your releases! Two releases of anhydrous ammonia from a refrigeration process result in $150,000 in fines ($75K for EPCRA and $75K for CERCLA) and a $425,000 SEP to install detectors and emergency shutdown systems. The Complaint alleges that:
- Respondent violated Section 103(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) by failing to immediately notify the National Response Center of a release which occurred at its facility in Minnesota, between June 21 and July 19, 2013;
- Respondent violated Section 304(a) of Emergency Planning and Community Right-to-Know Act (EPCRA), by failing to immediately notify the Minnesota State Emergency Response Commission (SERC) of the June 21 – July 19, 2013, release;
- Respondent violated Section 304(c) of EPCRA by failing to provide a written follow-up emergency notice to the Minnesota SERC as soon as practicable after the June 21 – July 19, 2013 release occurred;
- Respondent violated Section 103(a) of CERCLA by failing to immediately notify the National Response Center of a release which occurred at its facility in Minnesota, on September 20, 2014;
- Respondent violated Section 304(a) of EPCRA by failing to immediately notify the Minnesota State Emergency Response Commission (SERC) of the September 20, 2014, release; and
- Respondent violated Section 304(c) of EPCRA by failing to provide a written follow-up emergency notice to the Minnesota SERC as soon as practicable after the September 20, 2014 release occurred
In consideration of the nature, circumstances, extent, and gravity of the violations alleged in the Complaint, and the Respondent’s ability to pay, any prior history of violations, the degree of culpability, economic benefit or savings (if any) resulting from the violations, and such other matters as justice may require, including Respondent’s agreement to perform the supplemental environmental projects described below, Complainant has determined that an appropriate civil penalty to settle this action is $75,000 for the CERCLA violations and $75,000 for the EPCRA violations.
Supplemental Environmental Project
The respondent must complete a Supplemental Environmental Project (SEP) at its Waseca, Minnesota, facility, to detect, signal by alarm, and minimize the impact of any release of anhydrous ammonia at its facility to protect human health and the environment.
The respondent must complete its SEP as follows:
- By July 1, 2019, Respondent shall install and operate an anhydrous ammonia detection system capable of alarming (both audio and visual) at levels of 25 ppm and greater in areas of its Waseca, Minnesota facility where anhydrous ammonia is utilized. The anhydrous ammonia detection system shall include the following anhydrous ammonia sensors and alarms:
- a series of at least 20 anhydrous ammonia sensors consisting of
- a set of Calibration Technologies NH3 Ammonia Sensors (specific model to be determined during the formal design of project) in those areas of the facility where humidity is not a concern on the operation of sensors and
- a set of anhydrous ammonia sensors (the specific manufacturer and type to be determined during the formal design of project) installed in parts of the facility where humidity levels pose a concern on the operation of sensors; and,
- 14 Audio and Visual Alarms (to alarm upon detection of anhydrous ammonia levels of 25 ppm and greater) and associated equipment.
- a series of at least 20 anhydrous ammonia sensors consisting of
- By December 31, 2019, Respondent shall install and operate at its Waseca, Minnesota, facility integrated emergency controls to de-energize as appropriate, control valves, pumps, fans, process equipment, and compressors, to remove the driving force of anhydrous ammonia in release scenarios. The integrated emergency controls will include:
- Central and Computerized Electronic Control Panel System to electronically integrate its Anhydrous Ammonia Refrigeration System with its Anhydrous Ammonia Sensors and Audio and Visual Alarms, in order to electronically and promptly
- detect anhydrous ammonia releases of 25 ppm and greater;
- trigger Audio and Visual Alarms;
- immediately deactivate or isolate the affected part or components of the Anhydrous Ammonia Refrigeration System; and
- to minimize the potential for releases of anhydrous ammonia at or above the reportable quantity of 100 pounds during a rolling 24-hour period.
- Central and Computerized Electronic Control Panel System to electronically integrate its Anhydrous Ammonia Refrigeration System with its Anhydrous Ammonia Sensors and Audio and Visual Alarms, in order to electronically and promptly
The respondent must expend at least Four-Hundred and Twenty-Five Thousand Dollars ($425,000.00) on its SEP.
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