Respondent operates a facility that produces glass-to-metal seals and high-temperature co-fired ceramics for use in semiconductor products. The Facility is located just over half a mile from a residential neighborhood; just under three-quarters of a mile from a charter school; just over three-quarters of a mile from a church and a skating rink; less than one mile from an elementary school and a fire station; a mile from a high school, and just over a mile and a quarter from hospitals and downtown, with its businesses, restaurants, and hotels.
Respondent uses anhydrous ammonia in its manufacturing process to supply a nitrogen and hydrogen atmosphere to several of its ovens. The anhydrous ammonia is stored in a tank outside the Facility and is piped inside to be thermally “cracked” into hydrogen and nitrogen in two ammonia dissociators for use in the Facility’s ovens.
Beginning no later than March 1, 2019, the Facility has stored and handled anhydrous ammonia in its outdoor ammonia storage tank, piping, and indoor equipment. Anhydrous ammonia is an “extremely hazardous substance” within the meaning of the General Duty Clause of Section 112(r)(1) of the CAA. The unanticipated emission of anhydrous ammonia into the ambient air from the Facility would constitute an “accidental release,” as that term is defined by Section 112(r)(2)(A) of the CAA. Accordingly, Respondent operates a stationary source that stores and handles anhydrous ammonia, an extremely hazardous substance, and is subject to the CAA’s General Duty Clause at Section 112(r)(1) of the CAA.
During calendar years 2019 through 2021, the Facility “otherwise used” anhydrous ammonia each year in quantities greater than 10,000 pounds.
The EPCRA TRI reporting threshold set out at 40 C.F.R. § 372.25 for a facility that otherwise uses anhydrous ammonia is 10,000 pounds per year. Accordingly, the requirements of Section 313 of EPCRA, 42 U.S.C. § 11023, apply to Respondent at the Facility.
An EPA representative initially contacted Respondent on January 4, 2023, to request information about Respondent’s compliance with EPCRA Section 313. Respondent provided a response to EPA on February 3, 2023. On February 9, 2023, an EPA inspector conducted an inspection at the Facility to determine whether Respondent was complying with EPCRA and with Section 112(r) of the CAA.
ALLEGED VIOLATIONS