Respondent owns and operates an ice-making plant that uses anhydrous ammonia in a refrigeration “process”. In 2016, Respondent filed a Program 3 RMP for the Process and reported that it used 22,000 pounds of anhydrous ammonia. In accordance with 40 C.F.R. § 68.10(a) and (f)-(h), the Respondent’s use, storage, and handling of anhydrous ammonia in the Process are subject to the requirements of RMP Program 3. On April 3, 2018, an ammonia release occurred at the Facility. Following Respondent’s report of the release to the National Response Center, EPA representatives visited the Facility on April 4 and 19, 2018 (the “Inspection”), and
reviewed documents to assess Respondent’s compliance with Part 68. The complainant alleges the following violations of 40 C.F.R. Part 68: