Respondent’s facilities are located in Missouri. On or about March 30-April 1, 2010, EPA conducted an inspection of the Carthage, Missouri facility to determine compliance with 40 C.F.R. Part 68. On or about September 27-29, 2010, EPA conducted an inspection of the Louisiana, Missouri facility to determine compliance with 40 C.F.R. Part 68. Information collected during the EPA inspections showed that Respondent had exceeded the threshold quantities for anhydrous ammonia and nitric acid at both facilities. Information collected during the EPA inspection of the Carthage facility showed that Respondent had exceeded the threshold quantity for oleum at that facility.
Sulfuric acid is a hazardous substance as defined by Section 101(14) ofCERCLA, with a reportable quantity of 1,000 pounds as designated by 40 C.F.R. ยง 302.4. Sulfuric acid is an extremely hazardous substance as defined by Section 329 of EPCRA and as designated pursuant to Section 302(a) of EPCRA and listed in 40 C.F.R. Part 355, Appendix A, with a reportable quantity of 1,000 pounds as listed in 40 C.F.R. Part 355, Appendix A.
On or about May 9, 2012, there was a release of sulfuric acid from Respondent’s Carthage facility in excess of the reportable quantities. Respondent had knowledge of the release on May 9, 2012.