At all times relevant to this CAFO, Respondent operated a facility that utilizes anhydrous ammonia to produce approximately one-quarter billion frozen burritos for distribution nationwide each year. On July 20, 2022, EPA performed an inspection of the Facility to evaluate compliance with the CERCLA Section 103, EPCRA Sections 304-312, and CAA Section 112(r). Based upon the information gathered during the Inspection and subsequent investigation, EPA determined that Respondent violated certain provisions of EPCRA and the CAA.
At all times relevant to this CA/FO, Respondent produced, used or stored more than 10,000 pounds of ammonia (anhydrous) at the Facility. At all times relevant to this CA/FO, Respondent was subject to Program 3 requirements because there are public receptors within the distance to the endpoint for the worst-case release from its Facility and was subject to the OSHA process safety management standard set forth in 29 C.F.R. ยง 1910.119.