Delay in Reporting 1,200-Gallon Leak of Liquefied Nitrogen Leads to Penalties Against Harvard School of Public Health and Linde North America

BOSTON MA (3/2/2010) - The Massachusetts Department of Environmental Protection (MassDEP) has penalized the Harvard School of Public Health (HSPH) $24,805 for failure to immediately report and conduct necessary response actions following a December 22, 2008, release of approximately 1,200 gallons of liquefied nitrogen at its Boston facility.

MassDEP also issued a $19,837 penalty to Linde North America Inc. (Linde), of Murray Hill, N.J., for similar violations during the same incident, which occurred at 651-677 Huntington Ave. Linde is the company that supplies, owns and maintains the liquefied nitrogen storage system at the HSPH location.

At 11:12 p.m. on December 22, 2008, Linde's personnel departed the HSPH facility after having delivered liquefied nitrogen to a storage system that includes twin 1,500-gallon storage tanks located in an alleyway. Within one hour, liquefied nitrogen began leaking from the outdoor storage tanks and from connected piping and components in the cryogenic storage area of the HSPH facility. The storage system had been overfilled, and over the next several hours resulted in the release of approximately 1,200 gallons of liquefied nitrogen.

Regulations require immediate state notification involving a release of liquid nitrogen over 10 pounds, but both HSPH and Linde failed to notify MassDEP promptly. Linde finally notified MassDEP at 10:45 a.m. the next day. State regulations also require that appropriate response actions be conducted immediately to protect on-site personnel and surrounding populations.

Neither HSPH nor Linde took adequate measures to control hazards posed by this release. In addition, Linde subsequently failed to provide a timely written response to MassDEP's request for information on the incident.

"Releases of liquefied nitrogen, especially to a confined space, can result in hazardous conditions that can quickly escalate to endanger lives," said Richard Chalpin, Director of MassDEP's Northeast Regional Office in Wilmington. "So, it is imperative that appropriate staff within both HSPH, and Linde's organizations, are aware of the responsibility to notify MassDEP and take immediate and comprehensive actions to protect on-site personnel and surrounding populations."

Liquefied nitrogen is a cryogenic liquid that rapidly boils and expands as a gas when released. In low or confined spaces, the expanding gas may displace oxygen, creating potentially fatal conditions. Direct contact with liquefied nitrogen may also cause frostbite, or burns, on exposed tissue.

HSPH will pay $9,000 of the assessed penalty and MassDEP has agreed to suspend the remaining $15,805 if the facility develops within 45 days a plan for notifying and responding to releases of oil or hazardous materials.

Linde acknowledged that the release resulted from a tank overfill by its delivery personnel. Linde will pay $10,000 of the penalty, while MassDEP will suspend the remaining $9,837.50 if Linde develops within 45 days a plan for notifying and responding to releases of oil or hazardous materials.

MassDEP is responsible for ensuring clean air and water, safe management and recycling of solid and hazardous wastes, timely cleanup of hazardous waste sites and spills, and the preservation of wetlands and coastal resources.

CONTACT: Joe Ferson 617-654-6523