Respondent operated a manufacturing, packaging, and distribution facility that is located immediately across the street from a residential neighborhood, less than a half mile from a high school and several businesses, and approximately a mile from US. Routes 5 and 84 and the Connecticut River. At all times relevant to the violations alleged herein, the Facility’s ammonia refrigeration system (“System”) used approximately 9,076 pounds of anhydrous ammonia.
Accordingly, Respondent “stored” and “handled” anhydrous ammonia, which, as indicated is subject to the General Duty Clause.
On August 22, 2023, three duly authorized EPA inspectors and one contract inspector (collectively, the “EPA Inspectors”) conducted an inspection at the Facility (the “Inspection”). The purpose of EPA’s Inspection was to determine whether Respondent was complying with Section 112(r) of the CAA and Sections 302-313 of the Emergency Planning and Community Right-to-Know Act (“EPCRA”). The EPA inspectors toured the Facility’s perimeter, primary ammonia machinery room (“AMR”), outdoor ammonia equipment, and the production building.
During the Inspection, EPA observed numerous potentially dangerous conditions.