Respondent owns and operates an ammonia refrigeration system at its bakery. The Facility maintains an amount of anhydrous ammonia within its system that is above the 10,000 lbs threshold quantity that is set forth in Table 1 at 40 C.F.R. § 68.130. 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(l), and does not meet the Program 1 eligibility requirements at 40 C.F.R. § 68.10(j).
On August 11, 2022, during routine maintenance, the Facility experienced a release of anhydrous ammonia, which led to the evacuation of the building (2022 Incident). On December 6 through December 8, 2023, EPA conducted an announced inspection of the Facility.