EPA v. EAGLE NATRIUM, LLC (NATRIUM PLANT)

Case summary

The Regional Judicial Officer issued a Final Order on August 29, 2019, accepting the Consent Agreement to commence and settle violations of CAA Section 112(r)(1) and (7), CERCLA Section 103, and EPCRA Section 304. EPA determined that Eagle Natrium, LLC, the owner and operator of a chlorine manufacturing facility in Proctor, West Virginia, violated the General Duty Clause's obligation to ensure the safe storage of hydrogen gas, a flammable extremely hazardous chemical, by not labeling the piping for the gas. EPA also determined that Eagle Natrium, LLC violated Section 112(r)(7) and the Chemical Accident Prevention Provisions by not safely storing chlorine gas, a toxic extremely hazardous chemical, by not labeling the piping for the gas, and by not complying with mechanical integrity requirements for the chlorine process. On March 5, 2018, EPA issued an Administrative Settlement Agreement and Order on Consent, EPA Docket No. 03-2018-0077DA ( Order ) to Respondent, in order to have Respondent address violations of Section 112(r)(1) and (7) of the CAA, 42 U.S.C. ? 7612(r)(1) and (7), regarding its storage of chlorine gas and hydrogen gas. Eagle Natrium, LLC anticipates completion of the work under the Order in December 2019. EPA also determined that Eagle Natrium, LLC failed to timely report the release of over 1,000 pounds of chlorine gas from the Facility on March 16, 2015 to the National Response Center, in violation of CERCLA Section 103, and to the State Emergency Response Commission and the Local Emergency Planning Committee, in violation of EPCRA Section 304. In settlement, Eagle Natrium has agreed to pay a cash penalty of $118,174, consisting of $88,040 for CAA violations, $10,045 for the CERCLA violation, and $20,089 for the EPCRA violations. Eagle Natrium has also agreed to purchase $81,558 worth of emergency response equipment, namely portable hand-held multi-gas emission detectors for three local LEPCs in Wetzel County and Marshall County, West Virginia, and Monroe County, Ohio. West Virginia has not received delegation of the CAA 112(r) program or the CERCLA and EPCRA emergency notification program but has been notified of this enforcement action.

Defendants (1)

• EAGLE NATRIUM, LLCNamed in complaintNamed in settlement

Facilities (4)

• NATRIUM PLANT

  15696 ENERGY RD, PROCTOR, WV, 26055

  Registry ID: 110000875367

• WESTLAKE NATRIUM LLC, WESTLAKE NATRIUM

  15696 ENERGY ROAD, PROCTOR, WV, 26055

  Registry ID: 110000875367

• NATRIUM PLANT

  15696 ENERGY RD, PROCTOR, WV, 26055

  Registry ID: 110000875367

• WESTLAKE NATRIUM LLC, WESTLAKE NATRIUM

  15696 ENERGY ROAD, PROCTOR, WV, 26055

  Registry ID: 110000875367

Statutes cited

• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)
• EPCRA 304 — Emergency Release Notification Section 313 Program

Enforcement conclusions (1)

• EAGLE NATRIUM, LLC (NATRIUM PLANT)entered 2019-08-29

  Primary law: EPCRA

  Federal penalty: $118,174 · SEP: $80,645

Timeline (4 milestones)

• 2019-08-29Final Order Issued
• 2019-08-29Complaint Filed/Proposed Order
• 2019-09-09Enforcement Action Data Entered
• 2020-01-23Enforcement Action Closed