EPA v. AIR LIQUIDE AMERICA CORPORATION

Case summary

9/26/05 - NOTICE OF DETERMINATION ISSUED. IN ITS DISCLOSURE LETTER TO EPA DATED OCTOBER 19, 2001, AIR LIQUIDE DISCLOSED THAT ITS FACILITY LOCATED IN MADISON, MISSISSIPPI MAY HAVE VIOLATED THE CWA BY ALLOWING DISCHARGES WHICH WERE NOT AUTHORIZED BY AN NPDES PERMIT. AIR LIQUIDE OPERATES A SMALL CARBON DIOXIDE PROCESSING FACILITY WITH LESS THAN 10 FULL-TIME EMPLOYEES AT 218 WELSENBERGER ROAD, MADISON, MS 39110. THE FACILITY RECEIVES A CO2-RICH FEED GAS FROM AN OUTSIDE PARTY, COMPRESSES IT, AND USING AMMONIA AS A REFRIGERANT, COOLS THE GAS IN ORDER TO SEPARATE IT INTO ITS MAJOR COMPONENTS. THE GAS STREAM IS THEN SENT THROUGH A PROCESS SEPARATOR AND A CARBON BED ABSORBER, FILTERED THROUGH AN ALUMINA BED DRIER, AND SENT THROUGH A FINAL STRIPPER TO PRODUCE COMMERCIAL GRADE CARBON DIOXIDE. THE UNAUTHORIZED ACTIVITIES WERE SELF-DESCRIBED AS INTERMITTENT DISCHARGES TO FLOOR DRAINS IN THE MANUFACTURING BUILDING FROM THE FACILITY'S WASTESTREAM AND RINSATE FROM WASHING CUSTOMER'S TRANSPORT CONTAINERS. AIR LIQUIDE REPORTED THAT THE POTENTIAL VIOLATIONS WERE DISCOVERED IN THE COURSE OF A VOLUNTARY, A SYSTEMIC, AND OBJECTIVE ENVIRONMENTAL AUDIT. THE AUDIT WAS CONDUCTED BY ERM-SOUTHWEST, A THIRD PARTY ENVIRONMENTAL CONSULTING FIRM UNDER THE DIRECTION OF OUTSIDE LEGAL COUNSEL

Defendants (1)

• AIR LIQUIDE AMERICA CORPORATIONNamed in settlement

Facilities (1)

• AIR LIQUIDE AMERICA CORPORATION

  218 WELSENBERGER ROAD, MADISON, MS, 39110

  Registry ID: 110022865933

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• AIR LIQUIDE AMERICA CORPORATIONentered 2005-09-26

  Primary law: CWA

Timeline (2 milestones)

• 2005-09-26Final Order Issued
• 2005-10-05Enforcement Action Data Entered