United States
Environmental Protection
Agency
Office of Enforcement
and Compliance
Assurance(2248A)
EPA300-N-02-001
&EPA Enforcement Alert
Volume 5, Number 1
Office of Regulatory Enforcement
January 2002
EPCRA/CERCLA: Hazardous Chemical Releases Above
Certain Quantities Must Be Reported to Authorities
13 Companies Recently Penalized for Not Complying
The Emergency Planning and Com-
munity Right-to-Know Act
(EPCRA), and the Comprehensive
Environmental Response, Compensation,
and Liability Act (CERCLA) were
About
Enforcement Alert
Enforcement Alert is published
periodically by the Office of
Regulatory Enforcement to inform
and educate the public and
regulated community of important
environmental enforcement
issues, recent trends and
significant enforcement actions.
This information should help the
regulated community anticipate
and prevent violations of federal
environmental law that could
otherwise lead to enforcement
action. Reproduction and wide
dissemination of this publication
are encouraged.
For information on how you can
receive this publication
electronically, see page 3.
Eric V. Schaeffer
Director, Office of
Regulatory Enforcement
Editor: Virginia Bueno
(202) 564-8684
bueno.virginia@epa.gov
(Please email address and
name changes or subscription
requests for this newsletter)
enacted by Congress to provide
citizens with information on chemicals,
their uses and releases at facilities
across the nation, and to provide the
government with immediate
notice to appropriately
respond to releases. Most
importantly, these laws are
intended to ensure that
federal, state and local
emergency responders
have vital information that
will help them prepare for
emergencies and protect
the public by managing
chemical risks.
Section 3 04 of EPCRA
and Section 103 of
CERCLA require facilities
to immediately notify
emergency responders
about accidental chemical releases so
that federal, state and local governments
can respond to the situation. Acciden-
tal hazardous chemical releases create
risk of significant, and potentially le-
thal, injuries. Without timely knowledge
of a release, emergency responders
cannot do their jobthat is, working
with industry to prevent or mitigate ac-
tual or potential harm to human health
and the environment following a release
of a hazardous chemical.
The regulated communities must do
more than just give notice. Their obli-
gation to protect citizens and the envi-
ronment also requires them to continu-
ally work to prevent accidents. Preven-
tion is always preferred to emergency
response.
EPCRA.
CERCLA are
Based on the
Principle that
Citizens Must
Be Full
Partners in
Safety. Health
Decisions
EPA Takes Enforcement
Actions Against
Noncompliers
The U.S. Environ-
mental Protection
Agency (EPA) recently
took enforcement ac-
tions against 13 compa-
nies (see box page 2) for
EPCRA and CERCLA
violations. Altogether, the
companies were penal-
ized approximately
$765,000 for failing to
notify local and state en-
tities as required by
EPCRA, and for failing
to notify the U.S. Coast
Guard's National Re-
sponse Center (NRC) of
releases of hazardous
chemicals, including chlorine, sulfuric
acid, anhydrous ammonia, and xylene
as required by CERCLA.
One of the 13 companies also was
penalized for violating the requirements
of the Clean Air Act's (CAA) accident
prevention provisions (see page 3 to
learn more about this requirement).
Brewer Environmental Industries
(BEI), Hawaii, was cited for alleged vio-
lations resulting from a 1999 sulfuric
acid spill on Oahu and for alleged vio-
lations discovered during follow-up fa-
cility inspections last year in Maui,
Kauai, and Hilo. In the Oahu incident,
approximately 70,000 pounds of sul-
ion is found on the Internet at http://www.epa.gov/oeca/ore/enfalert/
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Enforcement Alert
The General Duty Clause ensures that industry takes all possible
steps to prevent chemical releases and, if prevention fails, mini-
mize the consequences of an accident.
furic acid were released into the envi-
ronment due to a corroded flat metal
disk used to isolate an unused portion
of a piping network located on the un-
derside of a 300-ton acid storage tank.
BEI reported the spill late, preventing
emergency responders from doing their
job to protect the public.
In addition to the untimely report-
ing of the sulfuric acid spill, BEI was
cited for failure to submit adequate risk
management plans as required by the
CAA (see next section), and failure to
list accurately all of the hazardous
chemicals stored at BEI's facilities as
required by Sections 311 and 312 of
EPCRA (these lists, filed with state and
local emergency responders, detail what
chemicals hazards may be present at a
facility).
BEI has paid a civil penalty of
$98,796 and will spend approximately
$137,000 for equipment to be donated
to the county fire departments in Ho-
nolulu, Kauai, Maui and Hawaii (Big
Island) as part of a supplemental envi-
ronmental project. By choosing to com-
plete the supplemental environmental
project, BEI voluntarily committed to
spending more than would have been
required had it chosen to pay the entire
penalty in cash. BEI's decision to pur-
chase this much-needed equipment as
part of their settlement agreement will
enhance the fire departments' capabili-
ties for responding to hazardous mate-
rials incidents. Equipment to be pur-
chased includes tank patch kits, ther-
mal imaging devices and personal pro-
tective equipment.
In settling this case, EPA consid-
ered BEI's progress in making facility
improvements including redesign of
storage tank and secondary contain-
ment areas; eliminating certain toxic
Companies Recently Penalized for EPCRA/CERCLA Noncompliance
EPA
Region
1
«
3
4
5
" "
6
""
9
10
Company, Location
Upper Blackstone Regional Wastewater Treatment Plant,
Millbury, Mass.
Crompton Manufacturing Co., Inc., Naugatuck, Conn.
Hanover Foods Corporation, Lancaster, Pa.
Metro Foods, Inc., Olive Branch, Miss.
B.F. Goodrich Company, Akron, Ohio
Union Electric Company, Venice, III.
Hoosier Warehouse Inc., Indianapolis
Illinois-American Water Company, Peoria, III.
Continental Nitrogen & Resources Corporation,
Rosemount, Minn.
Air Liquide America, Freeport, Texas
Schwan's Sales Enterprises, Inc., Deer Park, Texas
Inland Paperboard and Packaging, Orange, Texas
Brewer Environmental Industries, Honolulu, HI
Bf Goodrich Kalama, Inc.
Kalama, Wash.
Chemical(s) Released
chlorine
methylenedianiline (MDA) and o-xylene
anhydrous ammonia
anhydrous ammonia
1,3-butadiene
ferric sulfate
anhydrous ammonia
chlorine
anhydrous ammonia
anhydrous ammonia
anhydrous ammonia
methyl mercaptan
sulfuric acid
benzene
Contact
Don Mackie
(617) 91S-1749
Carole Dougherty
(215)814-3295
Stacey Bouma
(404) 562-9192
James Entzminger
(312)886-4062
,
Ruth McNamara
(312)353-3193
" "
Steve Mason
(214)665-2292
..
.
Michael Ardito
(415)744-2328
Suzanne Powers
(360) 753-9475
January 2002
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Enforcement Alert
chemicals such as anhydrous ammo-
nia from its inventory or processes; im-
proving facility equipment such as stor-
age tanks and piping; and providing
more training for employees on risk
management, inventory and release re-
porting requirements.
General Duty Clause:
Helping to Prevent
Accidental Releases
As part of the 1990 Clean Air Act
Amendments, Congress enacted Sec-
tion 112(r)(l), the "General Duty
Clause," to help prevent accidental re-
leases of certain hazardous chemicals.
The General Duty Clause makes it
clear that facilities that handle hazard-
ous chemicals bear the primary respon-
sibility for ensuring safe use. This clause
applies to every facility that handles any
hazardous chemicals, regardless of the
quantity on site.
The General Duty Clause states that:
"The owners and operators of
stationary sources producing,
processing, handling or storing
[extremely hazardous sub-
stances] have a general duty...to
identify hazards which may re-
sult from releases using appro-
priate hazard assessment tech-
niques, to design and maintain a
safe facility taking such steps as
are necessary to prevent releases,
and to minimize the conse-
quences of accidental releases,
which do occur."
In addition to every facility's obli-
gation to operate safely, companies with
large volumes of hazardous chemicals
specified by EPA must also develop and
implement a risk management program.
The program must cover hazard assess-
ment, prevention and response for the
chemicals stored or processed on site.
EPA recognizes the ongoing need to pro-
mote safe operating practices and is
committed to its efforts to work with
companies on the improvement of their
safety management programs. Building
cooperation among companies, regula-
tory agencies, and the community is
fundamental to the success of these pro-
grams.
To learn more about EPCRA and
CAA Section 112(r), visit EPA's Chemi-
cal Emergency Preparedness and
Prevention Office website at http://
www.epa.gov/ceppo.
In addition, the Agency's Office of
Emergency and Remedial Response
has extensive information on its website
regarding the reporting requirements for
episodic and continuous releases under
CERCLA Section 103. For website ad-
dresses, see "Useful Compliance As-
sistance Resources" on this page.
For more information, contact
Beth Burchard, Toxics and Pesti-
Get News and Information Electronically
EPA's Office of Enforcement and Compliance Assurance, now offers an email,
subscription-based information service called "OCORELINK." Subscribers to
this electronic service (known as a "listserv") will receive periodic news and information
about Office of Compliance products and compliance trends designed to help the
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newsletter, Enforcement Alert has been posted on the web. For more information, visit
http://www.epa.gov/oeca/main/enforce/listserv.html.
cides Enforcement Division, Of-
fice of Regulatory Enforcement,
U.S. EPA, (202) 564-4177; Email:
burchard.beth@epa.gov.
Useful Corrmliance
Assistance Resources
National Response Center:
http://www.nrc.uscg.mil/
Office of Solid Waste and
Emergency Response:
http://www.epa.gov/swerrims
Chemical Emergency
Preparedness and Prevention
Office: http://www.epa.gov/ceppo/
Superfund Resource Center:
http://www.epa.gov/superfund/
resources/rq/index.htm
Reporting Requirements for
Continuous Releases of
Hazardous Substances, A Guide
for Facilities on Compliance:
http://www.epa.gov/superfund/
resource s/release/faciliti.htm
Title III Consolidated List of
Chemicals:
http://www.epa.gov/swercepp/ap-
otgu.htm
RCRA, Superfund & EPCRA
Hotline: 9a.m. to 6 p.m. ET,
Monday through Friday, except
for federal holidays, at the
numbers listed below:
National toll-free number (outside of
DC area): (800) 424-9346; Local
number within DC area): (703) 412-
9810; National toll-free for the hearing
impaired (TDD): (800) 553-7672
Office of Enforcement and
Compliance Assurance:
http://www.epa.gov/oeca
Compliance Assistance Centers:
http://www.epa.gov/oeca/mfcac.html
Compliance Assistance
Clearinghouse:
http://cfpub.epa.gov/clearinghouse/
Small Business Gateway:
http://www.epa.gov/smallbusiness
major_environmental_laws.htm
January 2002
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SERA
United States
Environmental Protection Agency
Office of Regulatory Enforcement
(2248A)
Washington, D.C. 20460
Official Business
Penalty for Private Use $300
'Enforcement Alert' newsletter
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