EPA requests that a civil action be initiated pursuant to Section 113(b)(2) of the Clean Air Act against Defendant for violations of Section 112(r)(1) of the Clean Air Act. EPA seeks both the imposition of civil penalties and injunctive relief against Morton for its violations of Section 112(r)(1), commonly known as the General Duty Clause. Operators subject to the General Duty Clause are required, among other things, to identify potential hazards posed by extremely hazardous substances which they handle and maintain a safe facility.
Defendant is a multinational dye manufacturer maintaining a facility along the Passaic River in Paterson, NJ. On April 8, 1998 an explosion occurred in a 2000-gallon process reactor at the Paterson facility. This explosion blew a hole in the roof, created a massive fireball, coated the neighborhood with yellow dye, and injured two employess. Multiple state and federal agencies responded to the incident, which may have released as much as 286 pounds of ortho-nitrochlorobenzene (o-NCB) into the environment. EPA believes that o-NCB is an extremely hazardous substance. At the time of the explosion, Morton was manufacturing a liquid dye known as Yellow 96. Yellow 96 is used to color petroleum products. The evidence reveals that the explosion occurred after a batch experienced an exothermic or overheated condition, resulting in over-pressurization of the reactor vessel. The increase in vapor concentration inside the reactor overwhelme