EPA v. American Craft - Samuel Adams Brewery (Cincinnati) CAFO

Case summary

Samuel Adams Brewery is the owner and operator of the facility at 1625 Central Parkway, Cincinnati, OH. Samuel Adams Brewery Co. merged with American Craft Brewery, LLC, the respondent, on January 1, 2014, and respondent is the surviving entity of that merger. Samuel Adams Brewery produced, used or stored anhydrous ammonia at the facility. On October 12, 2011 about 2:19 am, approximately 664 lbs of anhydrous ammonia spilled into the ambient air of the facility. Samuel Adams knew that the release was above the reportable quantity. Respondent notified the NRC of the release on June 5, 2014, but failed to notify the NRC as soon as it had knowledge of the release. Samuel Adams failure to immediately notify the NRC of the release is a violation of Section 103(a) of CERCLA. Samuel Adams notified the Ohio SERC of the release on March 16, 2012 at 9:14 am, but did not notify the SERC immediately after it had knowledge of the release, a violation of Sect. 304(a) of EPCRA. The company notified the LEPC of the release on March 27, 2012 through the written follow-up report, but did not immediately notify the LEPC, which is a violation of Sect. 304(a) of EPCRA. The company also did not provide the SERC written follow-up notice of the release as soon as practicable, which is a violation of Sect. 304(c). The company also did not provide the LEPC with written follow-up notice of the release to the LEPC, which is a violation of Sect.304(c) of EPCRA. Respondent is liable for violations of Sect.304 of EPCRA and Sect 103 of CERCLA. Under the CAFO, respondent must pay a $20,230 penalty for the CERCLA violation, and a $23,748 for the EPCRA violations. Within 60 days within the issuance of this CAFO, respondent must complete the purchase of technological and safety equipment for the City of Cincinnati Fire Department?s Heavy Rescue 14 unit and spend at least $30,375 to carry out the SEP. Second, the respondent must provide within 60 days of the issuance of the CAFO three one-day emergency response training sessions for the City of Cincinnati Fire Dept. Heavy Rescue #14 unit to address emergency response to ammonia incidents. The respondent must spend at least 10,000 dollars on this SEP. Thirdly, the respondent must improve the facility?s emergency notification systems by updating the internal fire alarm system. The respondent must spend at least $149,813 on this SEP.

Defendants (1)

• American Craft Brewery, LLCNamed in complaintNamed in settlement

Facilities (1)

• SAMUEL ADAMS BREWERY CO

  1625 CENTRAL PARKWAY, CINCINNATI, OH, 45214

  Registry ID: 110000537768

Statutes cited

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

Enforcement conclusions (1)

• American Craft - Samuel Adams Brewery (Cincinnati) CAFOentered 2014-08-21

  Primary law: CERCLA

  Federal penalty: $43,978 · SEP: $190,188

Timeline (6 milestones)

• 2014-08-21Complaint Filed/Proposed Order
• 2014-08-21Final Order Issued
• 2014-08-21Enforcement Action Data Entered
• 2015-04-10Enforcement Action Closed
• 2015-04-10Compliance Achieved
• 2015-04-10Pipeline Closed