&EPA
United States
Environmental Protection
Agency
Office of Enforcement and
Compliance Assurance
(2201A)
EPA300-N-98-006
August 1998
Enforcement Alert
Office of Regulatory Enforcement
Owners, Operators of Stationary Sources Must
Comply with Clean Air Act's 'General Duty' Clause
ABOUT
Enforcement Alert
The Enforcement Alert is
published periodically by
EPA's Office of Regulatory
Enforcement. It informs and
educates 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.
See Page 2 for useful EPA
Websites and additional
resources.
Eric V. Schaeffer
Director, Office of
Regulatory Enforcement
Editor: Virginia Bueno, (202) 564-8684.
bueno. Virginia @epamail. epa.gov.
layout & design: Sarah Weaver,
weaver.sarah@epamail.epa.gov.
Deadly Explosion Highlights
Importance of Chemical
Safety, Accident Prevention
As part of the 1990 Clean Air Act
(CAA) Amendments, Congress enacted
Section 112(r)(l), the "General Duty
Clause," to prevent accidental releases
of certain hazardous chemicals.
The General Duty Clause makes it
clear that facilities that handle hazard-
ous substances bear the primary re-
sponsibility for ensuring their safe use.
This clause applies to any facility that
handles any hazardous substance, re-
gardless of the quantity on site.
Specifically, the General Duty Clause
states that "the owners and operators
of stationary sources producing, pro-
cessing, handling or storing [extremely
hazardous substances] have a general
duty...to identify hazards which may
result from releases using appropriate
hazard assessment techniques, to de-
sign 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."
EPA's Chemical Emergency Pre-
paredness and Prevention Office peri-
odically publishes a Chemical Safety
Alert (http://www.epa.gov/swercepp/
alerts.html) to inform the public about
chemical hazards in their community.
Each issue of the Alert lists specific
chemical hazards discovered through
EPA's accident investigation efforts and
provides examples of industry prac-
tices and standards.
Terra Industries Inc. Explosion
The following case is an example of
EPA 's increased attention toward
chemical safety and the prevention of
chemical accidents. The case clearly
illustrates the importance of compli-
ance with the General Duty Clause:
On June 26, EPA's Region 7, settled
charges against Terra Industries Inc. in
Sergeant Bluff, Iowa, for allegedly vio-
lating the Clean Air Act (CAA), the
Emergency Planning and Community
Right-to-Know Act (EPCRA), and the
Comprehensive Environmental Re-
sponse, Compensation and Liability
Act(CERCLA).
Under the settlement, which was
lodged with the U.S. District Court for
the Northern District of Iowa Western
Division, Terra Industries will pay a
civil penalty of $500,000 and spend
approximately $100,000 on various
supplemental environmental projects
beneficial to the local community.
These projects include improving haz-
ardous materials planning and pre-
paredness projects in the Sergeant Bluff
area, such as installing emergency si-
— continued on back
RCRA, SUPERFUND & EPCRA HOTLINE
(800) 424-9346
The Environmental Protection Agency (EPA)
RCRA, Superfund & EPCRA Hotline is a publicly
accessible service that provides up-to-date infor-
mation on several EPA programs.
The Hotline can also assist with the following
related EPA topics: Section 112(r) of the Clean Air
Act and Spill Prevention, Control & Countermea-
sures (SPCC) regulations.
http://www. epa.gov/oeca/enfalert
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Enforcement Alert
rens and equipping local fire depart-
ments with anhydrous ammonia moni-
tors. The ammonium nitrate manufac-
turer will also pay another $150,000 to
reimburse past response costs.
EPA's claims resulted from a 1994
explosion at Terra's Port Neal, Iowa,
ammonium nitrate plant, which killed
four workers, injured 18 and forced
evacuation of more than 2,500 resi-
dents. The explosion released approxi-
mately 4,200 tons of anhydrous ammo-
nia and 100 tons of nitric acid. All vio-
lations were uncovered during investi-
gations following the explosion.
The enforcement action against Terra
Industries Inc. represents EPA's first
concluded judicial action under the
General Duty Clause.
EPA Policies Reduce, Eliminate
Penalties for Self-Policing
EPA has adopted two policies
designed to encourage greater
compliance with environmental laws.
For more information, see EPA's Audit
Policy Website at: http://www.epa.gov/
oeca/auditpol.html, and the Small
Business Policy at: http://www.epa.gov/
oeca/smbusi. html
Chemical Safety Alert
Addresses Ammonium Nitrate
Hazards
The December 1997 Chemical Safety
Alert addresses the explosion hazards
of ammonium nitrate and directs facili-
ties to be aware of hazardous condi-
tions that may lead to an accidental
explosion. The following standards and
practices detailed in this issue should
be observed to help prevent the sensi-
tization of ammonium nitrate, which
could lead to explosions.
• Avoid heating ammonium nitrate
in a confined space (e.g. processes
involving ammonium nitrate
should be designed to avoid this
possibility);
• Avoid localized heating of
ammonium nitrate, potentially
leading to development of high
temperature areas;
• Ensure that ammonium nitrate is
not exposed to strong shock waves
from explosives;
• Avoid contamination of ammo-
nium nitrate with combustible
materials or organic substances
such as oils and waxes;
• Avoid contamination of ammo-
nium nitrate with inorganic
materials that may contribute to its
sensitivity to explosion, including
chlorides and some metals, such as
chromium, copper, cobalt and
nickel; and,
• Maintain the pH of ammonium
nitrate solutions within safe
operating range of the process
with the emphasis upon avoiding
low pH (acidic) conditions.
These conditions are recognized as
hazards associated with the production
of ammonium nitrate. The ammonium
nitrate industry has standards and prac-
tices to manage the risks associated
with these hazards. EPA believes that
facilities producing ammonium nitrate
must adhere to these and other recog-
nized industry standards and practices
to be in compliance with the General
Duty Clause.
For compliance and enforcement
assistance, contact Leslie Oif at (202)
564-2291.
Useful Websites
OFFICE OF SOLID WASTE AND EMERGENCY
RESPONSE
http: //www. epa.gov/swerrims
CHEMICAL EMERGENCY PREPAREDNESS
AND PREVENTION OFFICE
http: //www. epa. gov/s were epp/
EPA COMPLIANCE ASSISTANCE CENTER
http://www.epa.gov/oeca/mfcac.html
OCCUPATIONAL SAFETY AND HEALTH
ADMINISTRATION
http ://www. osha.gov/
&EPA
United States
Environmental Protection Agency
Office of Regulatory Enforcement
2201A
Washington, D.C. 20460
Official Business
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Enforcement Alert
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