EPA v. Nox-Crete Manufacturing, Inc. CAA 113D1 Action For Penalty

Case summary

EPA filed with the Regional Hearing Clerk a Consent Agreement and Final Order memorializing a settlement for alleged violations of CAA 112(r)(1) (the ?General Duty Clause?), CERCLA, and EPCRA. A fire at the Nox-Crete warehouse located at 1415 South 20th Street in Omaha, NE on May 31, 2022, resulted in a complete loss of the warehouse and all the chemicals and products stored inside. The fire made it necessary to evacuate a 0.5-mile area which displaced an estimated 2,461 residents. At the time of the fire, the warehouse contained extremely hazardous substances known to release toxic and irritating gases when burned. Many of these chemicals require specialized firefighting techniques due to the inefficient action of water spray with fires containing these chemicals. The company has proposed a Supplemental Environmental Project (SEP) that will add a foam deluge fire suppression system to the production building located at 1444 South 20th Street, Omaha, NE. This equipment will increase fire safety at the facility and reduce the burden on local emergency response. Foam fire suppression is more effective than water fire sprinklers and will extinguish a fire faster, as well as prevent reignition by suppressing flammable vapors.

Defendants (1)

• Nox-Crete Manufacturing, Inc.Named in complaintNamed in settlement

Facilities (1)

• NOX-CRETE MANUFACTURING INC

  1444 S 20TH ST, OMAHA, NE, 681083443

  Registry ID: 110001509252

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 311 — Material Safety Data Sheets (MSDS)
• EPCRA 304 — Emergency Release Notification Section 313 Program
• CAA 112R — General Duty/Accidental Release

Enforcement conclusions (1)

• Nox-Crete Manufacturing, Inc. CAA 113D1 Action For Penaltyentered 2024-01-10

  Primary law: CAA

  Federal penalty: $34,023 · SEP: $244,230

Timeline (5 milestones)

• 2024-01-10Final Order Issued
• 2024-01-10Complaint Filed/Proposed Order
• 2024-02-26Air Resolved
• 2024-02-26Enforcement Action Closed
• 2024-02-27Enforcement Action Data Entered