Respondent operated an agriculture retail facility and receives, stores, and sells anhydrous ammonia. On or about June 19, 2018, representatives of the EPA conducted an inspection of Respondent’s Facility to determine compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68. Information gathered during the EPA inspection revealed that the facility had ammonia storage capacity consisting of a 30,000 gallon ammonia storage vessel (south vessel), one 12,000 gallon ammonia storage vessel (north vessel) and 72 ammonia nurse tanks (48 single tanks and 24 double tanks), which provided Respondent the capacity to store 650,000 pounds of anhydrous ammonia at the Facility. EPA’s review of information found that Respondent regularly stored greater than 400,000 pounds of anhydrous ammonia in a process at the Facility. From the time Respondent first had onsite greater than 10,000 pounds of anhydrous ammonia in a process, Respondent was subject to the requirements of 40 C.F.R. Part 68 because it was an owner and 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 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(g), the process does not meet the eligibility requirements of either Program 1 or Program 3, as described in 40 C.F.R. § 68.10(f) and (h), respectively.
At the time of EPA’s inspection, Respondent had not submitted an RMP. After EPA’s inspection, on July 23, 2018, Respondent filed an RMP. Respondent’s filed RMP stated that the amount of anhydrous ammonia present at the Facility at the time of filing was 539,134 lbs.