Respondent owns and operates the egg production facility which utilizes anhydrous ammonia in a refrigeration process. On or about August 1-2, 2017, EPA conducted an inspection to determine compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68 (EPA inspection). Information gathered during the EPA inspection revealed that Respondent had greater than 10,000 pounds of anhydrous ammonia in a process at its facility. From the time Respondent first had on site greater than 10,000 pounds of anhydrous ammonia in a process, Respondent was subject to Program 3 prevention program requirements because the covered process at its facility did not meet the eligibility requirements of Program 1 and is in North American Industry Classification System, code 49312, and was subject to the OSHA process safety management standard, 29 C.F.R. § 1910.119.
EPA hereby states and alleges that Respondent has violated the CAA and federal regulations promulgated thereunder as follows: