EPA v. KEMIRA WATER SOLUTIONS, INC.

Case summary

On July 16, 2019, EPA filed a Consent Agreement and Final Order ( CAFO ), which initiated and settled EPA's penalty claim for violations of the notification and reporting requirements in CERCLA Section 103 regarding a release of approximately 6,339 pounds of ferrous chloride on September 3, 2016 ( the Release ) from Kemira Water Solutions, Inc.'s ( Respondent's ) facility located at 3925 Fort Armistead Road, Baltimore, MD 21226 ( Facility ). In addition, the CAFO alleged that Respondent violated the chemical inventory reporting requirements of Section 312 of EPCRA at the Facility by failing to submit a timely, complete and accurate Tier II report to the appropriate State Emergency Response Commission ( SERC ) for calendar year 2015. This direct enforcement action by EPA addresses the need for facilities which use and store quantities of hazardous chemicals in excess of threshold amounts to strictly adhere to notification requirements in the event of a chemical release in excess of a chemical-specific reportable quantity ( RQ ) so that local, state, and federal responders can evaluate the situation and respond as needed to protect human health and the environment. EPA had sent Respondent a Show Cause letter on June 4, 2019, together with a draft Consent Agreement, regarding these violations and proposing a penalty of $20,129, which Respondent promptly signed and paid. The Consent Agreement asserts that Respondent failed to immediately notify the National Response Center as soon as Respondent knew or should have known that the Release of ferrous chloride, an extremely hazardous substance, exceeded the 100-pound RQ for ferrous chloride; and that Respondent failed to submit to the SERC a Chemical Inventory Form for calendar year 2015 for 17 hazardous chemicals stored at the Facility in amounts in excess of their minimum threshold levels.

Defendants (1)

• KEMIRA WATER SOLUTIONS, INC.Named in complaintNamed in settlement

Facilities (2)

• KEMIRA WATER SOLUTIONS, INC.

  3925 FORT ARMISTEAD ROAD, BALTIMORE, MD, 21226

  Registry ID: 110041352791

• KEMIRA WATER SOLUTIONS, INC.

  3925 FORT ARMISTEAD ROAD, BALTIMORE, MD, 21226

  Registry ID: 110041352791

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms

Enforcement conclusions (1)

• KEMIRA WATER SOLUTIONS, INC.entered 2019-07-16

  Primary law: EPCRA

  Federal penalty: $20,129

Timeline (4 milestones)

• 2019-07-16Complaint Filed/Proposed Order
• 2019-07-16Final Order Issued
• 2019-07-19Enforcement Action Data Entered
• 2019-07-31Enforcement Action Closed