This case may be the “whopper” that sinks the General Duty Clause perverbal teeth into the refrigeration industry. From all accounts, it appears this facility was inspected and issued some NOVs, which the facility agreed to take care of. A year later, EPA returned for a follow-up inspection and found items not corrected. Here are the specifics… A cold food storage warehouse built in 2011 in Massachusetts (the “Facility”) is located within 1/3 of mile of Interstate Route 495 and is located within 1.5 miles of the downtown of neighboring Middleborough, two elementary schools, and a supermarket. The Facility’s ammonia refrigeration system (“System”) used approximately 9,000 pounds of anhydrous ammonia. Accordingly, Respondent “stored” and “handled” anhydrous ammonia, which is an “extremely hazardous substance” subject to the General Duty Clause.