EPA v. AAK USA K2, LLC

Case summary

7-20-2020 - CONSENT AGREEMENT AND FINAL ORDER ISSUED. ASSESSING A TOTAL PENALTY OF 37,913 (CERCLA $18,956.50 AND EPCRA $18,956.50). RESPONDENT SHALL MAKE PAYMENT WITHIN 30 DAYS. ALLEGED VIOLATIONS: RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(A) OF EPCRA, 42 U.S.C. SECTION 11004(A), AND THE APPLICABLE REGULATIONS FOUND AT 40 C.F.R. PART 355, SUBPART C BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS THE RESPONDENT HAD KNOWLEDGE OF THE AUGUST 18, 2018 RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN IS RQ AT RESPONDENT'S FACILITY AND IS THEREFORE SUBJECT TO THE ASSESSMENT OF PENALTIES UNDER SECTION 325 OF EPCRA, 42 U.S.C. SECTION 11045. RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 103(A) OF CERCLA, 42 U.S.C. SECTION 9603(A), AND THE APPLICABLE REGULATIONS, 40 C.F.R. SECTION 302.6, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE AUGUST 18, 2018 RELEASE OF AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY AND IS THEREFORE SUBJECT TO THE ASSESSMENT OF PENALTIES UNDER SECTION 109 OF CERCLA, 42 U.S.C. SECTION 9609.

Defendants (1)

• AAK USA K2, LLCNamed in complaintNamed in settlement

Facilities (1)

• AAK USA K2, LLC

  1625 WATHEN LANE, LOUISVILLE, KY, 40204

  Registry ID: 110070829026

Statutes cited

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

Enforcement conclusions (1)

• AAK USA K2, LLCentered 2020-07-20

  Primary law: EPCRA

  Federal penalty: $37,913

Timeline (3 milestones)

• 2020-07-20Final Order Issued
• 2020-07-20Complaint Filed/Proposed Order
• 2020-08-14Enforcement Action Data Entered