This CAFO both initiates and resolves an administrative action for the assessment of monetary penalties, pursuant to Section 113(d) of the CAA. As discussed below, the CAFO resolves the following CAA violations that Complainant alleges occurred in connection with Respondent ‘s storage and handling of anhydrous ammonia at its cold storage and distribution facility:
- failure to design and maintain a safe facility, taking such steps as are necessary to prevent such releases, in violation of the General Duty Clause, Section 112(r)(1) of the CAA; and
- failure to minimize the consequences of accidental releases, should they occur, in violation of the General Duty Clause, Section 112(r)(1) of the CAA.
STATUTORY AND REGULATORY AUTHORITY
Pursuant to Section 112(r)(1) of the CAA, owners, and operators of stationary sources producing, processing, handling, or storing substances listed pursuant to Section 112(r)(3) of the CAA, or any other extremely hazardous substance, have a general duty to:
- identify hazards which may result from accidental releases of such substances using appropriate hazard assessment techniques;
- design and maintain a safe facility taking such steps as are necessary to prevent releases; and
- minimize the consequences of accidental releases which do occur.
This section of the CAA is referred to as the “General Duty Clause.” The extremely hazardous substances listed pursuant to Section 112(r)(3) of the CAA, include, among others, anhydrous ammonia. For purposes of complying with the CAA General Duty Clause, owners and operators must maintain a facility that is free of a hazard, the hazard must be recognized by the owner/operator or recognized by the owner/operator’s industry, the hazard from an accidental release must be likely to cause harm, and the owner/operator must be able 10 eliminate or reduce the hazard.
GENERAL ALLEGATIONS