EPA v. NUPRO INDUSTRIES CORPORATION

Case summary

ON JANUARY 30, 2015, EPA REGION III APPROVED A SUPER-CONSENT AGREEMENT AND FINAL ORDER ( SCAFO ) RESOLVING A VIOLATION OF SECTION 112(r) OF THE CAA AND A VIOLATION OF SECTION 304(a) AND (b) OF EPCRA WITH NUPRO INDUSTRIES CORPORATION ( NUPRO ). NUPRO IS THE OWNER AND OPERATOR OF THE NEATSFOOT OIL OPERATION IN THE PORT RICHMOND AREA OF THE CITY OF PHILADELPHIA, WHERE IT MANUFACTURES OIL LUBRICANTS BY RENDERING ANIMAL FATS. NUPRO UTILIZED AN ANHYDROUS AMMONIA COOLING SYSTEM AS PART OF THAT OPERATIONS AND, BETWEEN APRIL 6, 2012 AND APRIL 8, 2012, A RELEASE OF APPROXIMATELY 1,400 POUNDS OF AMMONIA OCCURRED. AS A RESULT, EPA CONDUCTED AN INSPECTION OF THE FACILITY ON JUNE 6, 2012. THE SCAFO RESOLVES A VIOLATION OF CAA SECTION 112(r)(1), THE GENERAL DUTY CLAUSE, FOR THE FAILURE TO TIMELY DEVELOP AND IMPLEMENT THE SAFETY RECOMMENDATIONS SET FORTH IN A PROCESS HAZARD ANALYSIS FOR THE AMMONIA SYSTEM. IN ADDITION, THE SCAFO RESOLVES A VIOLATION OF EPCRA FOR THE FAILURE TO IMMEDIATELY NOTIFY THE LOCAL EMERGENCY PLANNING COMMITTEE THAT THE RELEASE OF AMMONIA EXCEEDED ITS REPORTABLE QUANTITY (100 POUNDS) IN VIOLATION OF SECTION 304(a) AND (b) OF EPCRA. THE SCAFO REQUIRES THAT RESPONDENT PAY A TOTAL CASH PENALTY OF $13,685 AND IMPLEMENT A SUPPLEMENT ENVIRONMENTAL PROJECT ( SEP ) COSTING NOT LESS THAN $81,300. THE SEP REQUIRES THAT NUPRO REMOVE THE FACILITY'S AMMONIA REFRIGERATION SYSTEM AND REPLACE IT WITH HYDRO-CHLORORFLUOROCARBON REFERATION SYSTEM WHICH WILL USE A PROPYLENE GLYCOL AND WATER SOLUTION (WHICH IS NOT A CAA SECTION 112(r) HAZARDOUS SUBSTANCE) FOR COOLANT CIRCULATION. THE SPE WILL RESULT IN THE REMOVAL OF 2,000 POUNDS OF AMMONIA FROM AN AREA OF ENVIRONMENTAL JUSTICE CONNCERN.

Defendants (1)

• NUPRO INDUSTRIES CORPORATIONNamed in complaintNamed in settlement

Facilities (2)

• NUPRO INDUSTRIES CORP

  2925 E. ONTARIO STREET, PHILADELPHIA, PA, 19134-6003

  Registry ID: 110000336850

• NUPRO INDUSTRIES CORP

  2925 E. ONTARIO STREET, PHILADELPHIA, PA, 19134-6003

  Registry ID: 110000336850

Statutes cited

• EPCRA 304 — Emergency Release Notification Section 313 Program
• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause
• CAA 112R — General Duty/Accidental Release

Enforcement conclusions (1)

• NUPRO INDUSTRIES CORPORATIONentered 2015-01-30

  Primary law: CAA

  Federal penalty: $13,685 · SEP: $81,300

Timeline (3 milestones)

• 2015-01-30Final Order Issued
• 2015-01-30Complaint Filed/Proposed Order
• 2015-02-03Enforcement Action Data Entered