Respondent is the owner or operator of an egg production facility which employs a refrigeration process using anhydrous ammonia in its egg production system.
Pursuant to Section 112(r)(1) of the CAA, also known as the General Duty Clause, the owners and operators of stationary sources producing, processing, handling or storing substances listed pursuant to Section 112(r)(3), or any other extremely hazardous material, have a general duty in the same manner and the same extent as the Occupational Safety and Health Act, 29 U.S.C. § 654 et. seq. to identify hazards which may result from accidental releases using appropriate hazard assessment techniques, to design and maintain a safe facility, taking such steps as are necessary to prevent releases, and to minimize the consequences of accidental releases which do occur.
Ammonia is an extremely hazardous substance as defined by Section 329(3) of EPCRA, 42 U.S.C. § 11049(3) and as designated pursuant to Section 302(a) of EPCRA, and listed in 40 C.F.R. Part 355, Appendix A, with a reportable quantity of 100 pounds, and a TPQ of 500 pounds, as listed in 40 C.F.R. Part 355, Appendix A. Ammonia is a hazardous substance as defined by Section 101(14) of CERCLA, 42 U.S.C. § 9601(14), with a reportable quantity of 100 pounds as designated by 40 C.F.R. § 302.4.
On or about January 25, 2016, there was an accidental release of ammonia from the Facility. On or about April 22, 2016, as part of the EPA investigation into the release, the EPA sent Respondent a Chemical Release Questionnaire (“CRQ”).