Respondent is the owner and operator of the facility where anhydrous ammonia is a “regulated substance” pursuant to 40 C.F.R. § 68.3. On or about November 15, 2017, EPA conducted an inspection of Respondent’s Facility to determine compliance with 40 C.F.R. Part 68. 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 the Program 2 prevention requirements because pursuant to 40 C.F .R. § 68.10(c), the process does not meet the eligibility requirements of either Program 1 or Program 3, as described in 40 C.F.R. § 68.10(b) and (d), respectively.