EPA v. NITROGEN PRODUCTS, INC.

Case summary

01/03/92 SYNOPSIS: NITROGEN PRODUCTS, INC. (NPI) OWNS AND OPERATES A FERTILIZER PRODUCTION FACILITY LOCATED ON HWY 20 SOUTH, HELENA IN THE COUNTY OF PHILLIPS, ARK. ONE INACTIVE PHOSPHOGYPSUM STACK IS LOCATED AT THE FACILITY. THE PHOSPHOGYPSUM STACK WAS USED IN THE PRODUCTION OF PHOSPHORUS FERTILIZER DURING THE YEARS 1967-1977. THE PHOSPHOGYPSUM STACK HAS BEEN INACTIVE FROM 1977 TO THE PRESENT. THE INACTIVE PHOSPHOGYPSUM STACK EMITS RADON-222 TO THE AIR. THESE EMISSIONS ARE REGULATED BY THE NESHAPS FOR RADIONUCLIDES. SPECIFICALLY NIP IS SUBJECT TO 40 C.F.R. PART 61, SUBPART R, SET FORTH IN 40 C.F.R. 61.200-205. BY LETTER RECEIVED MARCH 26, 1990, EPA WAS NOTIFIED OF AN INACTIVE PHOSPHOGYPSUM STACK AT FIVE RIVERS NITROGEN CORPORATION (FRNC) LOCATED IN HELENA, ARK. IN ORDER TO DETERMINE THE APPLICABILITY AND COMPLIANCE STATUS OF THE INACTIVE PHOSPHOGYPSUM STACK, EPA SENT A LETTER TO FRNC REQUESTING INFORMATION. ON FEBRUARY 6, 1991 NPI RESPONDED TO EPA'S REQUEST FOR IN- FORMATION. IN THEIR RESPONSE, EPA WAS ADVISED THAT 3579 INVESTMENT CORPORATION (3579) ACQUIRED THE SUBJECT FACILITY BY DEED TRANSFER FROM FRNC. PURSUANT TO THIS TRANSFER IN OCTOBER, 1990, 3579 ENTERED INTO A CONTRACT WITH ROYSTER COMPANY TO MANAGE AND OPERATE THE FACILITY UNDER THE NAME OF NPI. BASED ON NPI'S REPRESENTATIONS TO EPA IN ITS RESPONSE TO REQUEST FOR INFORMATION AND OTHER INFORMATION PROVIDED TO THE REGION CONCERNING THE INACTIVE PHOSPHOGYPSUM STACK, REGIONAL ENFORCEMENT STAFF HAVE DETERMINED THAT NPI IS IN VIOLATION OF THE SUBPART R - NATIONAL EMISSION STANDARDS FOR RADON EMISSIONS FROM PHOSPHOGYPSUM STACKS FOR FAILING TO CONDUCT A PERFORMANCE TEST. PURSUANT TO SECTION 113(A)(3)(B) OF THE CAA,, EPA ISSUED AN AO TO NPI ON MARCH 26, 1991. THE ORDER REQUIRED NPI TO PERFORM THE REQUIRED TESTS BY APRIL 28, 1991. ON JULY 16, 1991, NPI SUBMITTED TO EPA TEST RESULTS OF THE PHOSPHOGYPSUM STACK. BASED ON THESE RESULTS, REGIONAL AIR ENFORCEMENT STAFF HAVE DETERMINED THAT THE INACTIVE PHOSPHOGYPSUM STACK IS IN VIOLATION OF THE 20 PCI/M2-S EMISSION STANDARD CONTAINED IN 40 C.F.R. 61.202. EPA IS REQUISTING AUTHORITY TO CONDUCT PRE-REFERRAL SETTLEMENT NEGOTIATIONS PURSUANT TO THE PROCESS FOR CONDUCTING PRE-REFERRAL SETTLEMENT NEGOTIATIONS ON CIVIL JUDICIAL ENFORCEMENT CASES, DATED APRIL 13, 1988. FACILITY IS LOCATED AT HIGHWAY 20 SOUTH IN HELENA, COUNTY OF PHILLIPS, ARKANSAS.

Defendants (3)

• FIVE RIVERS NITROGEN CORPORATIONNamed in complaintNamed in settlement
• NITROGEN PRODUCTS, INC.Named in complaintNamed in settlement
• ROYSTER COMPANY, INC.Named in complaintNamed in settlement

Facilities (1)

• CYPRESS CHEMICAL COMPANY

  1305 HWY 20 SOUTH, HELENA, AR, 72342

  Registry ID: 110000758591

Statutes cited

• CAA 113 — Clean Air Act
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• NITROGEN PRODUCTS, INC.entered 1995-09-25

  Primary law: CAA

  Federal penalty: $243,600

Timeline (8 milestones)

• 1991-08-13Enforcement Action Data Entered
• 1991-12-31PRN Sent
• 1991-12-31Referred To Dept Of Justice
• 1995-09-20Complaint Filed With Court
• 1995-09-25Final Order Lodged
• 1995-09-25Final Order Entered
• 1995-09-25Concluded
• 1995-11-14Enforcement Action Closed