EPA v. Dyno Nobel Inc

Case summary

On September 20, 2019, the U.S. District Court for the District of Oregon Portland Division entered a Consent Decree resolving violations of the emergency notification requirements of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and Emergency Planning and Community Right-to-Know Act (EPCRA); the Toxic Release Inventory (TRI) reporting Requirements of EPCRA; and the risk management program requirements of Clean Air Act (CAA) Section 112(r)(7). The violations occurred at Dyno Nobels ammonia and nitric acid manufacturing plant located near St. Helens, Oregon. The complaint, filed concurrently with the June 24, 2019 lodging of the Consent Decree, alleges that Dyno Nobel failed to immediately report two large ammonia releases at the facility, one of 24.6 tons over six days in 2010 and one of 6.6 tons over three days in 2015, in violation of the emergency notification requirements of CERCLA and EPCRA. In addition, the complaint alleges that Dyno Nobel substantially underreported continuous ammonia releases from a specific point source at the facility, in violation of the requirements for reporting continuous releases under CERCLA and EPCRA and also in violation of the TRI reporting requirements under EPCRA. Finally, the complaint alleges that Dyno Nobel failed to comply with numerous risk management program requirements, including: failure to compile all required safety information; failure to develop and implement written operating procedures; failure to comply with mechanical integrity requirements; failure to inspect and test for mechanical integrity; failure of quality assurance in maintenance materials; failure to promptly correct compliance audit findings; and failure to review incident investigation reports with affected personnel. The Consent Decree requires Dyno Nobel to pay a civil penalty of $492,000 and to complete a Supplemental Environmental Project (SEP) involving the purchase and donation of emergency response equipment valued at $939,852 to local emergency responders. The equipment consists of personal protective gear, including Self-Contained Breathing Apparatus. The SEP will enhance the ability of the local emergency responders to safely respond to chemical emergencies at and near the Dyno Nobel facility and cut down response time, resulting in improved public safety and reduced environmental damage. The Consent Decree also includes injunctive relief, requiring the facility to conduct a source test of the ammonia source, the emissions of which were underreported, and to use the test data to file revised continuous release and TRI reports for the facility. The Consent Decree also requires Defendant to submit a revised Risk Management Plan that includes the gas preparation area as part of the Covered Process and ensure the RMP regulations are met with respect to the gas preparation area. In addition, the Consent Decree requires Dyno Nobel to hire an independent third-party auditor to conduct a one-time compliance audit of the facilitys compliance with CERCLA, EPCRA, and CAA Section 112(r)(7). The Consent Decree also requires Dyno Nobel to address all audit findings.

Defendants (1)

• Dyno Nobel IncNamed in complaintNamed in settlement

Facilities (2)

• DYNO NOBEL INC. - ST. HELENS PLANT

  63149 COLUMBIA RIVER HIGHWAY, DEER ISLAND, OR, 97054

  Registry ID: 110041415885

• DYNO NOBEL INC. - ST. HELENS PLANT

  63149 COLUMBIA RIVER HIGHWAY, DEER ISLAND, OR, 97054

  Registry ID: 110041415885

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 304 — Emergency Release Notification Section 313 Program
• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• Dyno Nobel Incentered 2019-09-20

  Primary law: CAA

  Federal penalty: $492,000 · SEP: $939,852

Timeline (6 milestones)

• 2016-09-27Referred To Dept Of Justice
• 2016-10-06Enforcement Action Data Entered
• 2019-06-24Final Order Lodged
• 2019-06-24Complaint Filed With Court
• 2019-09-20Final Order Entered
• 2019-10-09Enforcement Action Closed