Respondent owns and operates a biopharmaceutical facility that stores and uses anhydrous ammonia in parts of the storage and refrigeration process. Respondent’s storage and refrigeration process does not meet the eligibility requirements for Program 1 under 40 C.F.R. § 68.10(g) and is subject to the OSHA process safety management standard since the process involves ammonia above the threshold quantity in 29 C.F.R. § 1910.119, App. A. Therefore, Respondent’s storage and refrigeration process is subject to Program 3 pursuant to 40 C.F.R. § 68.10(i) and must meet the requirements of Program 3 set forth at 40 C.F.R. § 68.12(a) and (d).
On June 19, 2018, and July 24, 2018, representatives from EPA conducted an inspection at the facility. The purpose of the inspection was to determine whether the Respondent was complying with Section 112(r) of the Act and the Risk Management Program regulations. Based on the inspection conducted by EPA, EPA alleges that Respondent failed to comply with the Risk Management Program regulations at the facility for Program 3 requirements as set forth below: