11/2/05 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $10,562 FOR THE cercla VIOLATION AND A PENALTY OF $21,125 FOR THE EPCRA VIOLATIONS. ON OCTOBER 6, 2004, RELEASES OF HYDROGEN SULFIDE AND SULFUR DIOXIDE, WHICH EXCEEDED THE REPORTABLE QUANTITIES (RQs), OCCURRED AT THE RESPONDENT'S FACILITY, WHICH ACID GAS WAS FLARED AS A RESULT OF A PROCESS UPSET ON THE SULFUR RECOVERY UNIT AT THE FACILITY. THE ACID GAS IS NORMALLY COVERTED TO SULFUR DIOXIDE DURING COMBUSTION. HOWEVER, THE RESPONDENT DISCOVERED THAT THE FLARE HAD BEEN EXTINGUISED FOR A PERIOD OF TIME; THEREFORE, HYDROGEN SULFIDE AS WELL AS SULFUR DIOXIDE HAD BENE RELEASED. THE SULFUR DIOXIDE WAS RLEASED INTERMITTENTLY, FROM 2:53 A.M. TO 4:27 A.M. THE RESPONDENT MADE INITIAL NOTIFICATION REGARDING A SULFUR DIOXIDE RELEASE TO THE TENNESSEE MANAGEMENT AGENCY (TEMA) VIA TELEPHONE CALL, ON OCTOBER 6, 2004, AT APPROX 7:11 A.M. A SUBSEQUENT UPDATE WAS MADE TO TEMA WITH THE RELEASE AMOUNT OF SULFUR DIOXIDE AT 8:13 A.M. THE RESPONDENT NOFIFIED TEMA OF THE HYDROGEN SULFIDE AND SULFUR DIOXIDE EMISSIONS TO TEMA AT 3:43 P.M. THE RESPONDENT NOTIFIED THE NATIONAL RESPONSE CENTER REGARDING THE HYDROGEN SULFIDE RELEASE AT 3:50 P.M. ADDITIONALLY, DURING THIS PERIOD OFTIME, THE RESPONDENT NOTIFIED THE SHELBY COUNTY LOCAL EMERGENCY MANAGEMENT AGENCY AND PROVIDED PERIODIC UPDATES.
COMPLAINANT HAS DETERMINED THAT RESPONDENT'S NOTIFICATION TO THE NRC OF THE RELEASE OF HYDROGEN SULFIDE DID NOT CONSTITUTE AN IMMEDI