EPA v. AIR LIQUIDE LARGE INDUSTRIES U.S. LP

Case summary

5/11/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $10,477 FOR THE CERCLA VIOLATION AND $20,955 FOR THE EPCRA VIOLATION -- DUE WITHIN 30 DAYS. ON JUNE 14, 2008, RESPONDENT HAD A RELEASE OF ANHYDROUS AMMONIA ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 103(a) OF CERCLA BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF ANHYDROUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. ON JUNE 15, 2008, RESPONDENT HAD A RELEASE OF ANHYDROUS AMMONIA ABOVE THE RQ AT THE FACILITY. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENT OF SECTION 304(a) OF EPCRA BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF ANHYDROUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY. ON JUNE 15, 2008, RESPONDNET HAD A RELEASE OF ANHYDROUS AMMONIA ABOVE THE RQ AT THE FACILITY. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(c) OF EPCRA, BY FAILING TO PROVIDE A WRITTEN FOLLOW-UP EMERGENCY NOTICE TO THE LOCAL EMERGENCY PLANNING COMMITTEE (LEPC) WHEN THERE HAD BEEN A RELEASE OF ANHYDROUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• AIR LIQUIDE LARGE INDUSTRIES U.S. LPNamed in complaintNamed in settlement

Facilities (1)

• AIR LIQUIDE LARGE INDUSTRIES U.S. LP

  4831 WEST U.S. HIGHWAY 42, GHENT, KY, 41045

  Registry ID: 110007366395

Statutes cited

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

Enforcement conclusions (1)

• AIR LIQUIDE LARGE INDUSTRIES U.S. LPentered 2009-05-11

  Primary law: EPCRA

  Federal penalty: $31,432

Timeline (4 milestones)

• 2009-05-11Complaint Filed/Proposed Order
• 2009-05-11Final Order Issued
• 2009-05-12Enforcement Action Data Entered
• 2009-06-02Enforcement Action Closed