At all times relevant to this CAFO, Respondent operated at a facility that refined transmix. Transmix is a mixture of refined products such as gasoline, diesel, and/or jet fuel that results when refined materials are transported in pipelines. The intermingling of products at portions of a pipeline stream can result in the material of an uncertain quality that is collected and sent to a transmix refinery to be separated.
The Respondents operated a refining process at the Facility that contains more than 10,000 pounds of anhydrous ammonia, 5,000 pounds of sulfur dioxide, and 10,000 pounds of hydrogen, at the Facility since before May 1, 2017, and that contains more than 10,000 pounds of a mixture of other flammable substances at the Facility seasonally since February 28, 2005.
On July 11, 2018, an authorized representative of the EPA inspected the Facility to determine the Respondents’ compliance with the Risk Management Program regulations. The inspection conducted by EPA confirmed that the Facility has more than a threshold amount of anhydrous ammonia, sulfur dioxide, hydrogen, and a mixture of flammable substances. The inspection conducted by EPA also identified the alleged violations of CAPP requirements at the Facility described below: