Respondent owns and operates an agricultural supply business. Respondent began operations in or around 1970. On or about February 22, 2023, representatives of the EPA and Nebraska Department of Energy and Environment conducted an inspection of the Respondent’s Facility to determine compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68 (the Inspection). At the time of the Inspection, Respondent was storing a quantity of anhydrous ammonia in excess of 10,000 pounds and, therefore, was subject to the requirements of Section 112(r) of the CAA and 40 C.F.R. Part 68. Information gathered during the EPA inspection revealed that Respondent stored and distributed agricultural products, including anhydrous ammonia, at its facility, and therefore was 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 Program 2 prevention program requirements because, pursuant to 40 C.F.R. § 68.10(k), the process does not meet the eligibility requirements of either Program 1 or Program 3, as described in 40 C.F.R. § 68.10(j) and (l), respectively.
Allegations of Violation