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U.S. EPA SETTLES WITH APACHE NITROGEN PRODUCTS; CREATIVE SETTLEMENT TO IMPROVE LOCAL EMERGENCY RESPONSE & NOTIFICATION

Release Date: 8/6/1998
Contact Information: Randy Wittorp, U.S. EPA, (415) 744-1589

     San Francisco -- The U.S. Environmental Protection Agency (U.S. EPA) has announced settlement of an enforcement action against Apache Nitrogen Products, Inc. in Benson, Ariz.  The company violated federal emergency notification requirements for ammonia and nitric acid releases and is settling by paying a $17,000 fine and contributing $71,000 toward projects that will improve local emergency response and notification capabilities.
                                                                               
     "This settlement is a direct investment into the local community," said Keith Takata, U.S. EPA's Regional Superfund director. "Instead of simply paying a large fine, Apache will spend money on projects that will help protect its neighbors from any future releases."

     Under the settlement agreement, Apache is paying a $17,000 fine and spending $71,000 to purchase emergency response equipment for the Cochise County Emergency Planning Committee and the Benson and Fry Fire Departments, construct an on-site weather station, implement an emergency preparedness program for residents living near the facility, and retain Community Alert Network, Inc. to provide emergency notification services to the community and local responders for at least two years.

     Between 1993 and 1996, Apache Nitrogen failed to immediately report a release of 5,898 pounds of nitric acid followed by releases of 438 pounds and 10,460 pounds of anhydrous ammonia respectively.  Under the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund) and the Emergency Planning and Community-Right-To-Know Act, when 100 pounds or more of ammonia and 1,000 pounds or more of nitric acid are released into the environment, businesses must immediately notify the National Response Center, the State Emergency Response Commission, and the Local Emergency Planning Committee.

     Immediate notification of pollutant releases is essential for emergency response teams to evaluate the nature and extent of a hazardous release and to make informed decisions to protect the community and the environment.

     Apache Nitrogen is also a Superfund site where active cleanup is underway.  Further information on hazardous substance release notification requirements may be obtained by calling EPA's toll-free hotline at 800-535-0202.