All News Releases By Date

EPA AND APACHE NITROGEN REACH $135,830 SETTLEMENT FOR FAILING TO REPORT CHEMICAL RELEASE

Release Date: 10/2/2000
Contact Information: Wendy L. Chavez, U.S. EPA, (415)744-1588

     SAN FRANCISCO  Under an agreement reached recently with the U.S. Environmental Protection Agency, a Benson, Ariz. fertilizer manufacturer will pay penalties and complete environmental projects totaling $135,830 for failing to immediately notify federal, state, and local authorities of a nitrogen dioxide release in July of 1999.

     Approximately 100 pounds of nitrogen dioxide was released at Apache Nitrogen Products Inc. at Apache Powder Road the morning of July 6 after an expansion joint failed.  Apache Nitrogen failed to immediately notify appropriate authorities required by the Emergency Planning and Community Right-To-Know Act and the Superfund Law.  An employee was seriously injured as a result of the release.

     The settlement includes a $37,830 civil penalty and a "supplemental environmental project." $98,000 will be used toward  paving a dirt road that extends from the front gate to the fertilizer loadout area that will reduce approximately 10 tons per year of particulate matter at the facility.

     "Apache Nitrogen failed to immediately notify authorities when the release of this extremely hazardous chemical occurred posing serious public health and environmental risks," said Keith Takata, the EPA's Superfund director of the Pacific Southwest region.  "When a business fails to quickly provide critical information to authorities, a community's ability to respond during an emergency may suffer."

     Acute exposure by inhaling significant amounts of nitrogen dioxide can result in severe burns and sometimes permanent damage to the respiratory tissues.

     Federal law requires immediate notification of a reportable release in order for emergency response teams to evaluate the nature and extent of a hazardous substance release, prevent exposure and minimize consequences.
     
     Further information about Community Right-To-Know, Superfund and hazardous substance release notification requirements may be obtained by calling the U.S. EPA's toll-free number at 1-800-535-0202.