Respondent is the owner and operator of a facility that has five inorganic chemical manufacturing processes, meeting the definition of “process”, as defined by 40 C.F.R. § 68.3. Bromine, ammonia (anhydrous), chlorine, sulfur trioxide, propylene oxide, oleum (fuming sulfuric acid), and sulfur dioxide (anhydrous) are each a “regulated substance” pursuant to 40 C.F.R. § 68.3. Respondent has greater than a threshold quantity of bromine, ammonia (anhydrous), chlorine, sulfur trioxide, propylene oxide, oleum (fuming sulfuric acid), and sulfur dioxide (anhydrous), in a process at the Facility. From the time Respondent first had on-site greater than a threshold quantity of bromine, ammonia (anhydrous), chlorine, sulfur trioxide, propylene oxide, oleum (fuming sulfuric acid), and sulfur dioxide (anhydrous) in a process, Respondent was subject to the requirements of Section 112(r)(7) of the CAA and 40 C.F.R. Part 68 because it was the owner or operator of a stationary source that had more than a threshold quantity of a regulated substance in a process.
Complainant hereby states and alleges that Respondent has violated the CAA and federal regulations promulgated thereunder as follows: