Respondent is a Wisconsin corporation, with cream cheese and yogurt manufacturing facility. On April 17, 2017, EPA representatives conducted an inspection of the Facility following a reported release of anhydrous ammonia on September 6, 2016, to determine Respondent’s compliance with Section 103 of CERCLA and Sections 302-312 of EPCRA. During the EPA Inspection, Respondent ‘s personnel provided documentation to EPA regarding the September 6, 2016 event that had occurred at the Facility, when a conservatively estimated 172 pounds of anhydrous ammonia was released from a silo in the cream cheese plant at the Facility (“the Release”).
Respondent first became aware of the Release at approximately 7:40 a.m. on September 6, 2016, when processing employees smelled ammonia and evacuated the area, and the ammonia detection system alarm sounded. Respondent ‘s personnel discovered the source of the Release, reset the relief valves that were open due to a faulty dual pressure regulator in the cooling system, and terminated the Release at 7:55 a.m. Respondent replaced the faulty dual pressure regulator and the silo was returned into service by the end of the day.
Following the Release, Respondent performed several sets of calculations to estimate the amount of ammonia released, which ranged from 114 pounds to 172 pounds.
Respondent reported the Release as 172 pounds, based on the most conservative calculation performed.
On April 12, 2018, EPA sent to Respondent an EPCRA/CERCLA Post-Inspection Letter itemizing potential violations of, among other requirements, CERCLA and EPCRA release reporting requirements following the September 6, 2016 Release, and requesting that Respondent comply with its obligations under EPCRA and take steps to prevent recurrence of the compliance issues.