EPA v. CF INDUSTRIES, INC. (MOSAIC FERTILIZER, LLC)

Case summary

IT APPEARS C.F. INDUSTRIES PERFORMED INADEQUATE HAZARDOUS WASTE DETERMINATION OF SCRUBBER WATER. THIS RESULTED IN THE OPERATION OF HAZARDOUS WASTE SURFACE IMPOUNDMENTS WITHOUT A RCRA PERMIT OR INTERIM STATUS AND LAND DISPOSAL RESTRICTION VIOLATIONS. THIS CASE IS A NATIONAL PRIORITY FOR MINERAL PROCESSING. INJUNCTIVE RELIEF IS TO BE DETERMINED. 7/3/08 - AMENDED REFERRAL. EPA HAS DETERMINED THAT CF INDUSTRIES HAS VIOLATED THE ANNUAL TOXIC CHEMICAL INVENTORY AND RELEASE REPORTING REQUIREMENTS UNDER EPCRA 313, AS IMPLEMENTED BY 40 CFR PART 372, and the release notification requirements under EPCRA section 304 and CERCLA section 103, as implemented by 40 C.F.R. Part 355, and 40 C.F.R. Part 302, respectively. Specifically, CF Industries failed to submit annual TRI Form Rs for manganese, nickel, and zinc compounds manufactured at its Plant City, Florida, facility in 2004-2006 in excess of the reporting threshold of 25,000 lbs, and underreported releases of hydrogen fluoride (HF), a CERCLA hazardous substance and EPCRA extremely hazardous substance. Additionally, CF Industries violated the release notification requirements under EPCRA section 304 and CERCLA section 103 by failing to notify the National Response Center, the Local Environmental Planning Committee, and the State Environmental Response Commission of releases of HF that exceeded the daily reportable quantity during the years 2003-2007. 9/28/10 - CD ENTERED. CF WILL RECONFIGURE CURRENT MANUFACTURING OR WASTE HANDLING PROCESSES AND INSTALL/OPERATE A WASTEWATER TREATMENT SYSTEM, RESULTING IN THE ELIMINATION OR TREATMENT OF OVER 9 BILLION POUNDS OF HAZ WASTE. THESE RECONFIGURATION AND WASTE HANDLING PRACTICES INCLUDE: - INSTALLATION OF NEW PIPING, PUMPS, MOTORS, INSTRUMENTATION, ETC., TO SEGREGATE HAZ WSTES GENERATED FROM PIPE AND TANK CLEANING OPERATIONS TO BE COMPLETED BY DEC 2012; AND - RECONFIGURATION OF FERTILIZER PLANT AIR POLLUTATION CONTROL DEVICES (SCRUBBERS) TO ELIMINATE HAZ SCRUBBER EFFLUENT TO THE POND WATER SYSTEM TO BE COMPLETED BY JUNE 2011; AND - INSTALLATION OF A WASTEWATER TREATMENT SYSTEM TO NEUTRALIZE HAZ CLEANING WASTES BY JUNE 2012; AND - IMPLEMENTATION OF A SPILL RECORDING, TRACKING, AND CORRECTION SYSTEM BY MARCH 2011; AND - IMPLEMENTATION OF A BEST MGMT PRACTICES SYSTEM BY NOV 2010. THE CD ALSO REQUIRES CF TO PROVIDE $163.5 MILLION IN FINANCIAL ASSURANCES TO GUARANTEE APPROPRIATE CLOSURE AND LONG-TERM CARE OF THE CLOSED FACILITY BY OCT 29, 2010 AND PAY A CIVIL PENALTY OF OVER $700,00 BY OCT 29, 2010, WHICH WILL BE SPLIT EQUALLY BETWEEN EPA AND THE FL DEPT OF ENVIRONMENTAL PROTECTION, A CO-PLAINTIFF IN THE ACTION. 3/11/14 - MODIFICATION TO CD TO EFFECTUATE THE TRANSFER TO CFI'S OBLIGATIONS UNDER THE CD TO MOSAIC FERTILIZER LLC.

Defendants (2)

• C.F. INDUSTRIES, INC.Named in complaintNamed in settlement
• MOSAIC FERTILIZER, LLCNamed in complaintNamed in settlement

Facilities (2)

• MOSAIC FERTILIZER LLC, PLANT CITY FACILITY

  660 EAST COUNTY LINE ROAD, PLANT CITY, FL, 33565

  Registry ID: 110064790267

• CF INDUSTRIES

  10608 PAUL BUCHMAN HWY, PLANT CITY, FL, 33565

  Registry ID: 110064790267

Statutes cited

• EPCRA 304 — Emergency Release Notification Section 313 Program
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3004VU — TSD Corrective Action
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (2)

• CF INDUSTRIES, INC. (04-2014-C008)entered 2014-03-11

  Primary law: RCRA

• CF INDUSTRIES, INC.entered 2010-09-28

  Primary law: RCRA

  Federal penalty: $350,000 · State/local: $350,000

Timeline (6 milestones)

• 2005-09-23Referred To Dept Of Justice
• 2005-09-27Enforcement Action Data Entered
• 2008-07-03Supplemental Referral-Other
• 2010-08-09Complaint Filed With Court
• 2014-03-11Final Order Entered
• 2014-03-11Final Order Lodged