EPA v. AIR LIQUIDE INDUSTRIES U.S. LP

Case summary

3/2/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $11,507 FOR THE CERCLA VIOLATION AND A PENALTY OF $11,507 FOR THE EPCRA VIOLATIONS - TO BE PAID WITHIN 30 DAYS. ON APRIL 21, 2009, RESPONDENT HAD A RELEASE OF ANHYDROUS AMMONIA ABOVE THE REPORTABLE QUANTITY (RQ) AT THE FACILIYT. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF CERCLA SEC 103(a), 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. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA SEC 304(a) BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEP AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF ANHYDROUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE TQ AT RESPONDENT'S FACIITY.

Defendants (1)

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

Facilities (1)

• AIR LIQUIDE INDUSTRIAL US LP

  326 FORESTVILLE ROAD, WAKE FOREST, NC, 275871918

  Registry ID: 110002099023

Statutes cited

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

Enforcement conclusions (1)

• AIR LIQUIDE INDUSTRIES U.S. LPentered 2010-03-02

  Primary law: EPCRA

  Federal penalty: $23,014

Timeline (4 milestones)

• 2010-03-02Complaint Filed/Proposed Order
• 2010-03-02Final Order Issued
• 2010-03-03Enforcement Action Closed
• 2010-03-04Enforcement Action Data Entered