The respondent’s facility (“Facility”) is located in a mixed-use area. The Facility is located on the third and fourth floors of a mixed-use commercial/industrial building that houses medical offices, a deli, and other businesses. The Facility is located within a third of a mile of several tourist attractions, including museums and restaurants. The east end of the building abuts the South River that flows into the Atlantic Ocean.
Respondent designs and manufactures electro-optical components, high-energy switches, time-frequency switches, high voltage conversion systems, and X-ray sources for a variety of industries. Respondent employs approximately 175 full-time employees at the Facility and runs one to three shifts, depending on the area of operation. The Facility maintains bulk storage tanks for anhydrous ammonia, liquid nitrogen, liquid oxygen, and pressurized hydrogen gas located outside along the south side of the building. Respondent also stores and uses other extremely hazardous substances, such as hydrofluoric acid, sulfuric acid, nitric acid, and cyanides.
On January 24, 2020, EPA inspected the Facility to assess its compliance with federal chemical accident prevention, planning, and response laws, including Section 112(r) of the CAA; Section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”); and Sections 302-312 of the Emergency Planning and Community Right-to-Know Act (“EPCRA”).