EPA alleged that each facility failed to comply with Section 112(r)(1) of the CAA (the “General Duty Clause”) in its handling of anhydrous ammonia at four (4) cold storage warehouses. Specifically, with respect to the General Duty Clause, the four Complaints alleged that each facility failed to:
- identify hazards which may result from accidental releases of anhydrous ammonia, which is an extremely hazardous substance, using appropriate hazard assessment techniques;
- design and maintain a safe facility taking such steps as are necessary to prevent releases of ammonia; and
- minimize the consequences of accidental releases of ammonia that do occur.
Additionally, EPA alleged three (3) of the facilities also failed to comply with Section 312(a) of EPCRA and the federal regulations that set out these statutory requirements in greater detail, 40 C.F.R. Part 370.