Respondent is a limited liability company that operates as a public warehousing facility. The term “have a general duty in the same manner and to the same extent as section 654 of title 29 [of the U. S. Code]” means owners and operators must comply with the General Duty Clause in the same manner and to the same extent as employers must comply with the Occupational Safety and Health Act (“OSH Act”) administered by the Occupational Safety and Health Administration (“OSHA”).
On December 2, 2019, EPA and its contractors conducted an inspection at the Facility. The primary purpose of the Inspection was to assess whether the business was operating the Facility in compliance with federal environmental laws and regulations including, but not limited to, EPCRA Sections 302 – 312 and CAA Section 112(r).
The General Duty Clause is a performance standard with requirements that often can be achieved in a variety of ways. EPA routinely consults chemical Safety Data Sheets (“SDSs”), codes, standards, and guidance issued by chemical manufacturers, trade associations, and fire prevention associations (collectively, “industry standards”) to understand the hazards posed by using various EHSs and the standard of care that industry, itself, has found to be appropriate for managing such hazards. Industry standards consistently are relied upon by industry and fire prevention experts and sometimes incorporated into state building, fire, and mechanical codes. For facilities storing EHSs in warehouses, EPA often consults SDSs, National Fire Prevention Association (“NFPA”) standards (such as NFPA 400 Hazardous Materials Code and NFPA 30 Flammable Liquids Code), state fire codes, and the Center for Chemical Process Safety’s Guidelines for Safe Warehousing of Chemicals and Guidelines for Safe Storage and Handling of Reactive Materials.