Respondent owns and operates an anhydrous ammonia refrigeration system facility in Altoona, Iowa (Respondent’s Facility). On or about September 21, 2022, representatives of the EPA inspected Respondent’s Facility to determine compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68.
Information gathered during the EPA inspection revealed that
- Respondent had over 10,000 pounds of anhydrous ammonia in a process at its facility.
- Respondent stores and uses anhydrous ammonia for refrigeration at its facility and, therefore, is engaged in a process at its facility.
From the time Respondent first had onsite greater than 10,000 pounds of anhydrous ammonia in a process, Respondent
was:
- Subject to the requirements of Section 112(r) of the CAA, 42 U.S.C. § 7412(r), and 40 C.F.R. Part 68 because it was an owner and operator of a stationary source that had more than a threshold quantity of a regulated substance in a process.
- Subject to Program 3 prevention program requirements because pursuant to 40 C.F.R. § 68.10(i), the covered process at its facility did not meet the eligibility requirements of Program 1 and was subject to the OSHA process safety management standard, 29 C.F.R. § 1910.119.
- required under Section 112(r)(7) of the CAA, 42 U.S.C. § 7412(r)(7), to submit an RMP pursuant to 40 C.F.R. § 68.12(a) and comply with the Program 3 requirements provided at 40 C.F.R. § 68.12(d) and detailed in Subpart D.
Allegations of Violation