The Respondent formerly operated an ammonia refrigeration process at a distribution center and warehouse, which maintained a maximum inventory of the regulated toxic substance anhydrous ammonia at the Facility, 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 and, therefore, has had a regulated substance present in more than a threshold quantity as determined under § 68.115, since at least 1999.
At the Facility, the respondent operated a process, as defined in 40 C.F.R. § 68.3, that includes the use, storage, handling, and on-site movement of anhydrous ammonia, a regulated substance. The Covered Process at the Facility consists of seven compressors, three storage vessels, one high-pressure storage vessel, three condensers, 27 ammonia detection sensors, piping, and 100 evaporators (Covered Process). The Facility is subject to Program 3 because the Covered Process does not meet the Program 1 eligibility requirements at 40 C.F.R. § 68.10(g), and it 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).
On September 16, 2021, EPA conducted an announced inspection of the Facility. Prior to and during the September 2021 inspection, one business owned and the respondent operated the ammonia refrigeration system at the Facility. After the September 2021 inspection, the owner took over operations.
During the September 2021 inspection, EPA inspectors reviewed documents relating to the RMP that the operator provided (RMP Documents). The RMP Documents included aspects of the Facility’s RMP involving the management system, process safety information, process hazard analysis, operating procedures, training, mechanical integrity, management of change, pre-startup safety review, compliance audits, hot work permits, employee participation, and contractors.