EPA RMP, CERCLA, EPCRA citations @ fertilizer distributor after 600 pound NH3 release (NH3 & $34K, w/ $15K SEP)

Respondent is a fertilizer distributor engaged in the business of selling anhydrous ammonia to farmers as fertilizer. Anhydrous ammonia is classified as a physical or health hazard, and a simple asphyxiant and therefore is an “extremely hazardous substance” according to Section 302(a)(2) of EPCRA. The Respondent stores more than 10,000 lbs. of anhydrous ammonia at the facility.  On August 2, 2012, at or about 3:15 a.m., a release occurred of approximately 600 pounds of anhydrous ammonia. Respondent notified the NRC of the release on August 2, 2012 at 7:25 a.m., but respondent did not immediately notify the NRC as soon as Respondent had knowledge of the release. Respondent’s failure to immediately notify the NRC of the release is a violation of Section 103(a) of CERCLA. Respondent notified the Illinois SERC of the release on August 2, 2012, at 7:00 a.m. Respondent’s failure to immediately notify the SERC of the release is a violation of Section 304(a) of EPCRA. As of December 10, 2012, Respondent had not notified the LEPC of the release. Respondent’s failure to immediately notify the LEPC of the release is a violation of Section 304(a) of EPCRA. As of December 10, 2012, Respondent had not provided the written follow-up emergency notice to the LEPC. Respondent’s failure to provide written follow-up emergency notice to the LEPC as soon as practicable after the release occurred is a violation of Section 304( c) of EPCRA. 

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