Respondent owns and operates a metal parts heat treatment operation in Michigan (the Facility) that maintains a maximum inventory of 60,000 pounds of the regulated toxic substance, anhydrous ammonia, which exceeds the threshold quantity of 10,000 pounds of anhydrous ammonia as set forth in Table 1 at 40 C.F.R. § 68.130. Respondent uses anhydrous ammonia in its heat treatment process. The covered process at the Facility is subject to the OSHA process safety management standard because it contains greater than the threshold quantity of 10,000 pounds of anhydrous ammonia, that is a highly hazardous chemical as defined in 29 C.F.R. § 1910.119(b), (a), and Appendix A.
Respondent’s metal parts heat treatment operation process at the Facility does not meet the Program 1 requirements at 40 C.F.R. § 68.10(g) because its worst-case release of anhydrous ammonia reaches at least one public receptor, as defined in 40 C.F.R. § 68.3. The Facility is subject to Program 3 because the covered process is subject to the OSHA process safety management standard, 29 C.F.R. § 1910.119, in accordance with 40 C.F.R. § 68.10(i), and does not meet the Program 1 eligibility requirements at 40 C.F.R. § 68.10(g).
EPA inspectors completed an announced CAA 112(r) inspection on June 15 through June 16, 2022 (June 2022 Inspection).
Respondent’s RMP was due on July 24, 2020, five years after the RMP it previously submitted on July 24, 2015. The Facility did not submit its RMP until June 20, 2022, 696 days late.
On January 23, 2023, EPA issued a Finding of Violation (FOV) to Respondent. On February 23, 2023, EPA and Respondent met to discuss the allegations. The information below represents EPA’s current understanding of the alleged violations at issue.