Respondent is an “owner or operator” of the Facility, which produced, used, or stored anhydrous ammonia, a hazardous substance. On April 25, 2019, the EPA conducted an inspection to determine compliance with the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) Section 103, 42 U.S.C. § 9603, and the Emergency Planning and Community Right-to-Know Act (“EPCRA”) Sections 302 through 312.
On August 10, 2021, EPA issued an Information Request pursuant to Section 114 of the CAA, 42 U.S.C. § 7414, and Section 104(e) of CERCLA, 42 U.S.C. § 9604(e), to Kerry to determine compliance with Section 112(r) of the CAA, 42 U.S.C. § 7412(r), and Section 103(a) of CERCLA, 42 U.S.C. § 9603(a) (“EPA’s IRL”).