EPA v. AIR LIQUIDE INDUSTRIAL U.S. LP

Case summary

9/30/14 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,438 FOR THE CERCLA VIOLATION AND $1,438 FOR THE EPCRA VIOLATION. RESPONDENT ALSO AGREES TO COMPLETE A SEP. ALLEGATIONS: ON JAN 7, 2014, RESPONDENT'S FACILITY HAD A RELEASE OF AMMONIA ABOVE THE REPORTABLE QUANTITY (RQ) INTO THE ENVIRONMENT. 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 AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF EPCRA 304(a) BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

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

Facilities (1)

• AMERICAN AIR LIQUIDE

  1 DUPONT ROAD, NEW JOHNSONVILLE, TN, 37134

  Registry ID: 110018945141

Statutes cited

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

Enforcement conclusions (1)

• AIR LIQUIDE INDUSTRIAL U.S. LPentered 2014-09-30

  Primary law: EPCRA

  Federal penalty: $2,876 · SEP: $10,786

Timeline (4 milestones)

• 2014-09-30Final Order Issued
• 2014-09-30Complaint Filed/Proposed Order
• 2014-10-02Enforcement Action Data Entered
• 2015-01-06Enforcement Action Closed