Section 112 (r)(1) of the Act, commonly referred to as the General Duty Clause addresses the prevention of releases of substances listed pursuant to Section 112(r)(3) of
the Act, or any other extremely hazardous substance. The purpose of this section is to prevent the accidental release of extremely hazardous substances and to minimize the consequences of such releases. The General Duty Clause provides that the owners and operators of stationary sources producing, processing, handling, or storing substances listed pursuant to Section 112(r)(3) of the Act, or any other extremely hazardous substance have a general duty 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 such releases that do occur.
EPA and the United States Department of Justice jointly determined that this matter, although it involves alleged violations General Duty Clause that occurred more than one year before the initiation of this proceeding, is appropriate for an administrative penalty assessment.
FINDINGS OF FACTS
Respondent operates a refrigerated warehouse and storage facility at its stationary source which includes a refrigeration system that processes or handles approximately 8,285 pounds of ammonia.
On December 4, 2018, the EPA conducted an on-site inspection (Inspection) of the ammonia refrigeration system’s equipment and records for the purpose of assessing the Respondent’s compliance with the General Duty Clause requirements at the Facility.
On October 30, 2019, the EPA sent a letter to the Respondent providing notice that based on the Inspection, the EPA determined that Respondent was in alleged violation of the General Duty Clause. Respondent was also offered an opportunity to confer with the EPA.
On December 12, 2019, representatives of Respondent and the EPA held a meeting to discuss the alleged violations identified below.
As a result of the Inspection above-referenced and information obtained from the Respondent at the meeting, the EPA determined that prior to the Inspection:
- Respondent had not performed and prepared a hazard analysis of the ammonia refrigeration system;
- Respondent had not prepared written procedures for the operation of the ammonia refrigeration system; and
- Respondent was operating ammonia containing air coolers in a location subject to physical damage without any protective guarding or barricading.
ALLEGED VIOLATIONS
Based on the Inspection above referenced, the EPA alleges that the Respondent violated the General Duty Clause under Section 112(r)(1) of the Act, when it:
- Failed to identify hazards by not conducting a hazard analysis of the ammonia refrigeration system. Respondent’s failure to identify hazards associated with the ammonia refrigerant system is a violation of the General Duty Clause under Section 112(r)(1) of the Act.
- Failed to design and maintain a safe facility by not developing written procedures for the operation of the ammonia refrigeration system. Respondent’s failure to design and maintain a safe facility by not developing operating procedures for the ammonia refrigerant system is a violation of the General Duty Clause under Section 112(r)(1) of the Act.
- Failed to design and maintain a safe facility by not installing protective guarding or barricading around ammonia containing air coolers subject to physical damage. Respondent’s failure to design and maintain a safe facility by not installing protective guarding or barricading around the ammonia containing air coolers subject to physical damage is a violation of the General Duty Clause under Section 112(r)(1) of the Act.
Respondent consents to the payment of a civil penalty, which was calculated in accordance with the Act, in the amount of $179,146.00.
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