Respondent operates a granular monoammonium phosphate (GMAP) process and a diammonium phosphate (DAP) process at the Facility, meeting the definition of “process” as defined by 40 C.F.R. § 68.3. A different Respondent operates an anhydrous ammonia process at the Facility, meeting the definition of “process” as defined by 40 C.F.R. § 68.3. The GMAP and DAP processes are located on contiguous property adjacent to the anhydrous ammonia process. Further, the respondent operating the NH3 process is under the control of or common control of the fertilizer business.
The Facility containing the GMAP, DAP, and anhydrous ammonia plants is a “stationary source” pursuant to Section 112(r)(2)(C) of the CAA and the regulation at 40 C.F.R. § 68.3. From the time Respondents first had on-site greater than a threshold quantity of the Regulated Substance in a process, Respondents were required to submit an RMP pursuant to 40 C.F.R. § 68.12(a) and to comply with the Program 3 prevention requirements because pursuant to 40 C.F.R. § 68.10(i), the covered processes at the Facility did not meet the eligibility requirements of Program 1 or Program 2, are subject to OSHA requirements for Process Safety Management pursuant to 29 C.F.R. 1910.119, and the GMAP and DAP processes are in North American Industry Classification System (NAICS) code 325312 and the anhydrous ammonia process is in NAICS code 325311.
EPA Findings of Violation