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.