Section 304(a) of EPCRA and the regulations found at 40 C.F.R. Part 355, Subpart C, require the owner or operator of a facility at which a hazardous chemical is produced, used or stored, to immediately provide notice to the State Emergency Response Commission (SERC) and the Local Emergency Planning Committee (LEPC) as described in Section 304(b) of EPCRA, when there has been a release of an EPCRA extremely hazardous substance, or a CERCLA hazardous substance, in an amount equal to or greater than the reportable quantity (RQ) from a facility. Section 304(a) of EPCRA, does not apply to any release which results in exposure to persons solely within the site or sites on which a facility is located.
Ammonia is an “extremely hazardous substance” as that term is defined by Section 329(3) of EPCRA, with a RQ of 100 pounds, as specified in 40 C.F.R. § 355 Appendices A & B.
Section 102(a) of CERCLA requires the Administrator of EPA to publish a list of substances designated as hazardous substances which, when released into the environment, may present a substantial danger to public health or welfare or the environment, and to promulgate regulations establishing the quantity of any hazardous substance the release of which was required to be reported under Section 103(a) of CERCLA. The EPA has published and amended such a list, including the corresponding RQs for those substances. This list is codified at 40 C.F.R. Part 302.
Section 103(a) of CERCLA and the regulations found at 40 C.F.R. § 302.6, require a person in charge of a facility or vessel to immediately notify the National Response Center (NRC), as soon as he or she has knowledge of a release of a hazardous substance from such facility or vessel in an amount equal to or greater than the RQ.
Respondent is a world-wide producer of specialty and semi-specialty vegetable oils and fats. On August 18, 2018, at approximately 1:00 am, a release of ammonia was discovered at the Facility (the August 18, 2018 release). Respondent knew or should have known, by 4:00 am on August 18, 2018, that the August 18, 2018 release was in an amount equal to or greater than the RQ for ammonia under EPCRA and CERCLA. The August 18, 2018 release of ammonia resulted in the potential for exposure to persons beyond the site or sites on which the Facility is located. At all times relevant to this CAFO, the Kentucky Emergency Response Commission (KERC) was the SERC for the Commonwealth of Kentucky.
Respondent did not notify the SERC of the August 18, 2018 release until approximately 7:51 am on August 18, 2018. The SERC then notified the Louisville LEPC. Respondent did not notify the NRC of the August 18, 2018 release until 7:51 am on August 18, 2018.
ALLEGED VIOLATIONS
Respondent violated the notification requirements of Section 304(a) of EPCRA and the applicable regulations found at 40 C.F.R. Part 355, Subpart C by failing to immediately notify the SERC and LEPC as soon as the Respondent had knowledge of the August 18, 2018 release of ammonia in an amount equal to or greater than its RQ at Respondent’s Facility and is therefore subject to the assessment of penalties under Section 325 of EPCRA.
Respondent violated the notification requirements of Section 103(a) of CERCLA and the applicable regulation, 40 C.F.R. § 302.6, by failing to immediately notify the NRC as soon as Respondent had knowledge of the August 18, 2018 release of ammonia in an amount equal to or greater than its RQ at Respondent’s Facility and is therefore subject to the assessment of penalties under Section 109 of CERCLA.
Respondent consents to the payment of a civil penalty for the CERCLA violation, which was calculated in accordance with CERCLA, in the amount of $18,956.50.
Respondent consents to the payment of a civil penalty for the EPCRA violation, which was calculated in accordance with EPCRA, in the amount of $18,956.50.
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