Respondent is the owner and operator of a frozen foods processing facility that includes anhydrous ammonia storage tanks, valves, piping, compressors, freezer tunnels, and other buildings, structures, equipment, installations, or substance-emitting stationary activities from which an accidental release of anhydrous ammonia may occur; which belong to the same industrial group; which are located on one or more contiguous properties; and which are under the control of Respondent.
The Facility has an anhydrous ammonia refrigeration system that has at all relevant times contained more than 10,000 pounds of anhydrous ammonia and constitutes a single “covered process” under 40 C.F.R. § 68.3. On June 28, 2019, Respondent filed an updated RMP that identifies the Facility Process as a Program 3 covered process with a maximum intended inventory of 85,000 pounds of ammonia, which is above the threshold quantity of 10,000 pounds in a single process.
On August 2, 2016, EPA conducted an inspection of the Weston Facility under the authority of Section 114 of the CAA, 42 U.S.C. § 7414 (”the 2016 Inspection”).