Respondent is the owner and operator of a facility. On September 1, 2024, an incident at the Facility resulted in an accidental release. EPA requested follow-up information, and Respondent provided a response on May 27, 2025, regarding the Incident and Respondent’s compliance with Section 112(r) ofthe CAA and 40 C.F.R. Part 68.
Based on the response provided on May 27, 2025, EPA conducted an investigation of the Facility to determine the Respondent’s compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68.
Respondent has greater than a threshold quantity of anhydrous ammonia, in a process at the Facility, meeting the definition of 11covered process” as defined by 40 C.F.R. §68.3. From the time Respondent first had on-site greater than a threshold quantity of anhydrous ammonia in a process, the Respondent was subject to the requirements of Section 112(r)(7) of the CAA and 40 C.F.R. Part 68 because it was the owner or operator of a stationary source that had more than a threshold quantity of a regulated substance in a process. From the time Respondent first had on-site greater than a threshold quantity of anhydrous ammonia in a process, Respondent was required to submit an RMP pursuant to 40 C.F.R. § 68.12(a) and comply with the Program 3 prevention requirements because pursuant to 40 C.F.R. § 68.l0(i), the covered process at the Facility did not meet the eligibility requirements of Program 1 and was in North American Industry Classification System code 311612 and 311613 for “Rendering and Meat Byproduct Processing” and subject to the OSHA process safety management standard, 29 C.F.R. § 1910.119.
Based upon the information gathered during the Investigation, EPA determined that Respondent violated certain provisions of the CAA.
ALLEGED VIOLATIONS