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.
On October 24, 2013, EPA sent requests for information to the Respondent’s facility under the authority of Section 114(a) of the Act. The request was issued because EPA had not received an updated RMP within the five year deadline as required by 40 C.F.R. § 68.190(b)(1). The information submitted by the Respondent in response to EPA’s request for information confirmed that the facility had failed to submit a revised and updated RMP within five years of the initial submission or the submission of the most recent update in violation of 40 C.F.R. § 68.190.
Complainant has determined that an appropriate civil penalty to settle this action is $7,073 for the CERCLA violation. In determining the penalty amount, Complainant considered the nature, circumstances, extent and gravity of the violation, Respondent’s agreement to perform a supplemental environmental project, and with respect to Respondent, its ability to pay, prior history of violations, economic benefit or savings resulting from the violations and any other matters as justice may require. Complainant also considered U.S. EPA’s Enforcement Response Policy for Sections 304, 311 and 312 of the Emergency Planning and Community Right-to-Know Act and Section 103 of the Comprehensive Environmental Response Compensation and Liability Act, dated September 30, 1999 (EPCRA/CERCLA Enforcement Response Policy).
Complainant has determined that an appropriate civil penalty to settle this action is $21,219 for the EPCRA violations. In determining the penalty amount, Complainant considered the nature, circumstances, extent and gravity of the violations, Respondent’s agreement to perform a supplemental environmental project, and with respect to Respondent, its ability to pay, prior history of violations, economic benefit or savings resulting from the violations and any other matters as justice may require. Complainant also considered U.S. EPA’s EPCRA/CERCLA Enforcement Response Policy.
Complainant has determined that an appropriate civil penalty to settle this action is $6,250 for the CAA violation. In determining the penalty amount, Complainant has considered the factors specified in Section 113(e) of the CAA; the facts and circumstances of this case; and other factors such as cooperation, prompt return to compliance, and Respondent’s agreement to perform a supplemental environmental project as described below. Complainant has also considered U.S. EPA’s guidance entitled, Combined Enforcement Policy_for Clean Air Act Sections 112(r)(1), 112(r)(7), and 40 C.F.R. Part 68 (June 2012).
Supplemental Environmental Project
Respondent must complete a supplemental environmental project (SEP) designed to protect the environment or public health by purchasing emergency response equipment for local fire departments. Respondent must complete the SEP by purchasing 15 aluminum 4500PSI composite bottles for the Bushnell-Prairie City Fire District. Respondent must spend at least $15,705 to purchase the equipment. Respondent must complete the SEP by April 1, 2016.
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