EPA v. ELLWOOD NATIONAL CRANKSHAFT

Case summary

On June 5, 2019, EPA filed a Consent Agreement and Final Order, which initiated and settled EPA's penalty claim for violations of the notification and reporting requirements in CERCLA Section 103 and EPCRA Section 304, regarding two ammonia releases (one in 2016 and one in 2018) from Ellwood National Crankshaft's facility located at One Front Street, Irvine, Pennsylvania. 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 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 December 20, 2018 regarding these violations. The Consent Agreement includes allegations concerning failure to immediately notify the National Response Center, the State Emergency Response Commission (SERC), and the Local Emergency Planning Committee (LEPC) as soon as Respondent knew or should have known that the two releases of ammonia (an extremely hazardous substance) exceeded the 100-pound RQ for ammonia. Additionally, the Consent Agreement asserts that Respondent failed to timely provide written follow-up emergency notices, as soon as practicable, to update the SERC and the LEPC regarding the two releases from the facility. Respondent has agreed to pay a penalty of $82,934.00.

Defendants (1)

• ELLWOOD NATIONAL CRANKSHAFTNamed in complaintNamed in settlement

Facilities (2)

• ELLWOOD NATIONAL CRANKSHAFT

  1 FRONT ST, IRVINE, PA, 16329

  Registry ID: 110000331374

• ELLWOOD NATIONAL CRANKSHAFT

  1 FRONT ST, IRVINE, PA, 16329

  Registry ID: 110000331374

Statutes cited

• EPCRA 304 — Emergency Release Notification Section 313 Program
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

• ELLWOOD NATIONAL CRANKSHAFTentered 2019-06-05

  Primary law: CERCLA

  Federal penalty: $82,934

Timeline (4 milestones)

• 2019-06-05Final Order Issued
• 2019-06-05Complaint Filed/Proposed Order
• 2019-06-06Enforcement Action Data Entered
• 2019-06-18Enforcement Action Closed