EPA v. TERRA INTERNATIONAL, INC., SERGEANT BLUFF, IA

Case summary

THE EPCRA SECTION 312 AND 313 REFERRAL TO DOJ ENCOMPASSES THE EPCRA SECTION 312 AND 313 CLAIMS ALLEGED IN EPA REGION VII'S ADMINISTRATIVE COMPLAINT DATED MARCH 29, 1996. EPA REGION VII PREVIOUSLY SENT LITIGATION REPORTS TO DOJ PERTAINING TO VIOLATIONS OF THE CAA 112(R), CERCLA 103, AND EPCRA 304 ARISING OUT OF AN EXPLOSION AT THE TERRA FACILITY ON DECEMBER 13, 1994, AND FOR CERCLA COST RECOVERY CLAIMS INCURRED. SUBSEQUENT TO THOSE PRIOR LITIGATION REPORTS, TERRA AND THE U.S. REACHED A SETTLEMENT-IN-PRINCIPLE ON ALL OUTSTANDING CLAIMS AGAINST TERRA, INCLUDING THE EPCRA SECION 312 AND 313 ADMINISTRATIVE ACTION PENDING IN REGION VII. BECAUSE ALL CLAIMS HAVE BEEN NEGOTIATED TOGETHER FOR SETTLEMENT PURPOSES, REGION VII IS REFERRING THE EPCRA SECTION 312 AND 313 VIOLATIONS FOR INCLUSION IN THE COMPLAINT TO BE FILED SIMULTANEOUSLY WITH THE LODGING OF THE CONSENT DECREE. UPON FILING OF THE JUDICIAL COMPLAINT, INCLUDING THE EPCRA SECTION 312 AND 313 CLAIMS, EPA REGION VII WILL DISMISS ITS ADMINISTRATIVE ACTION AGAINST TERRA.

Defendants (1)

• TERRA INTERNATIONAL, INC.Named in complaintNamed in settlement

Facilities (1)

• TERRA NITROGEN

  1182 260TH ST., SERGEANT BLUFF, IA, 51054

  Registry ID: 110000414089

Statutes cited

• CAA 113B — Clean Air Act
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• CERCLA 107 — Superfund
• EPCRA 325 — Enforcement: Civil/Admin. Penalties and Procedures for Admin. Penalties including subpoenas

Enforcement conclusions (1)

• TERRA INTERNATIONAL, INC._AND TERRA INDUSTRIES INCentered 1998-09-29

  Primary law: EPCRA

  Federal penalty: $500,000

Timeline (6 milestones)

• 1996-02-12Enforcement Action Data Entered
• 1997-06-30Referred To Dept Of Justice
• 1998-06-26Complaint Filed With Court
• 1998-09-29Final Order Lodged
• 1998-09-29Final Order Entered
• 1998-09-29Enforcement Action Closed