EPA v. ASTRAZENECA PLP

Case summary

20210525 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $18,960 (CERCLA - $6,320 AND EPCRA - $12,640). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ALLEGED VIOLATIONS: On October 14, 2019, a release of anhydrous ammonia above the RQ under EPCRA and CERCLA occurred at the Facility. The October 14, 2019 release of anhydrous ammonia resulted in the potential for exposure to persons beyond the site or sites on which the Facility is located. Respondent failed to immediately notify the SERC, LEPC, and NRC as soon as Respondent had knowledge of the release of anhydrous ammonia in an amount equal to or greater than its RQs at Respondent?s Facility. Respondent did not provide written follow-up reports to the SERC and the LEPC as soon as practicable after the October 14, 2019, release of anhydrous ammonia. Respondent violated the notification requirements of Section 304(a) of EPCRA, 42 U.S.C. ? 11004(a), and the applicable regulation, 40 C.F.R. Part 355, Subpart C, by failing to immediately notify the SERC and LEPC as soon as Respondent had knowledge of the October 14, 2019 release of anhydrous 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 325 of EPCRA, 42 U.S.C. ? 11045. Respondent violated the notification requirements of Section 304(c) of EPCRA, 42 U.S.C. ? 11004(c), and the applicable regulations, 40 C.F.R. Part 355, Subpart C, by failing to provide written follow-up reports to the SERC and LEPC as soon as practicable after the October 14, 2019 release of anhydrous 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 325 of EPCRA, 42 U.S.C. ? 11045. Respondent violated the notification requirements of Section 103(a) of CERCLA, 42 U.S.C. ? 9603(a), and the applicable regulation, 40 C.F.R. ? 302.6, by failing to immediately notify the NRC as soon as Respondent had knowledge of the October 14, 2019 release of anhydrous 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 the CERCLA, 42 U.S.C. ? 9609.

Defendants (1)

• ASTRAZENECA PLPNamed in complaintNamed in settlement

Facilities (1)

• ASTRAZENECA PLP

  355 OMICRON COURT, SHEPHERDVILLE, KY, 40165

  Registry ID: 110024529946

Statutes cited

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

Enforcement conclusions (1)

• ASTRAZENECA PLPentered 2021-05-25

  Primary law: EPCRA

  Federal penalty: $18,960

Timeline (4 milestones)

• 2021-05-25Complaint Filed/Proposed Order
• 2021-05-25Final Order Issued
• 2021-06-14Enforcement Action Closed
• 2021-06-15Enforcement Action Data Entered