EPA v. KELLOGG COMPANY

Case summary

On August 28, 2002, at 5:30 p.m. Kellogg USA, Inc. had a release of anhydrous ammonia from their refrigeration system. Anhydrous ammonia is a hazardous substance under CERCLA with a reportable quantity of 100 pounds. The person in charge of the facility called the National Response Center (NRC) on August 28, 2002, at 8:15 p.m., the State Emergency Response Commission on August 28, 2002, at 8:00 p.m., and the Local Emergency Planning Committee on August 28, 2002, at 8:13 p.m. These calls were more than two hours after the release. The initial notification to the NRC had an unknown amount. In the response to the information request Kellogg USA, Inc. indicated that the total amount release was 820 pounds from a pressure relief valve or 8.2 times the RQ. Kellogg USA ,Inc. provided additional creditable information indicating that only 130-pounds of anhydrous ammonia was released

Defendants (1)

• Kellogg CompanyNamed in complaintNamed in settlement

Facilities (1)

• WORTHINGTON FOODS (KELLOGG COMPANY)

  1675 FAIRVIEW ROAD, ZANESVILLE, OH, 43701

  Registry ID: 110000555113

Statutes cited

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

Enforcement conclusions (1)

• KELLOGG COMPANYentered 2003-05-22

  Primary law: EPCRA

  Federal penalty: $20,110

Timeline (5 milestones)

• 2003-02-25Complaint Filed/Proposed Order
• 2003-02-25Enforcement Action Data Entered
• 2003-05-22Final Order Issued
• 2003-05-22Amended Complaint
• 2003-06-05Enforcement Action Closed