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Ammonia Release in American Samoa
Criminal enforcement taken to protect island residents and halt dangerous ammonia releases
The EPA has been helping American Samoa prevent situations that could cause harm to residents and the environment, and has pursued criminal indictments of those who did cause harm to the public
In 2004, EPA and American Samoa hazardous materials response teams removed more than 35 deteriorating cylinders of anhydrous ammonia, eliminating the threat of a release in Lauli'i Village. A year later, shipping agents for Chicken of the Sea, Tri-Marine, FCF Fishery and Lauli'i Warehouse were asked by the EPA to pay for the cost of the disposal.
The agency also completed a 3-year criminal action suit against K.S. Inc., as on April 4, 2006, K.S. Inc. pleaded guilty to charges of violating the Clean Air Act.
In May 2003, American Samoa police evacuated a neighborhood in Tafuna after receiving phone calls from residents complaining about a strong odor in the air that subsequently sent about dozen people, including several policemen, to the LBJ medical center for treatment. The American Samoa Environmental Protection Agency (ASEPA) quickly identified the odor as ammonia. Investigators traced the origin of the gas to a sea container of old ammonia cylinders that were being vented by a company employee, an act that directly violated orders from the American Samoa EPA.
Ammonia cylinders are used as a refrigerant by most tuna fishing vessels and exposure to ammonia may cause severe burns or throat irritation and in extreme cases, blindness or lung damage.
Following an investigation by the EPA's Criminal Investigation Division, the U.S. Department of Justice prosecuted K.S. Inc. The company pleaded guilty to violating Clean Air Act regulations on the storage, transportation, handling and disposal of a hazardous substance. K.S. Inc. paid $40,000 in criminal fines and $12,000 for medical equipment to a local medical center.
The federal rules allow the EPA to hold "responsible parties" liable for all financial costs in the agency's response to any release or threatened release of hazardous substances. "Responsible parties" include current and former owners or operators of the company; those who arranged for treatment or disposal of hazardous substances; and who may have accepted hazardous substances for transport.
"Ammonia is a dangerous chemical and we're lucky the situation didn't end up worse than it did," said John McCarroll, manager of EPA Pacific Southwest Region's Pacific Islands Office. "EPA has been happy to provide specialized technical expertise to help American Samoa, especially in situations such as these that may need criminal investigation. Through a variety of both traditional and creative approaches, we have been able to work very effectively with the American Samoan government to protect the environment and public health."