Respondent owns and operates a facility that wholesales animal feeds, fertilizers, agricultural chemicals, pesticides, seeds, and farm supplies, including agricultural anhydrous ammonia. On or about August 9, 2023, EPA inspected the Respondent’s Facility to determine compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68. Information gathered during the EPA inspection revealed that Respondent had over 10,000 pounds of anhydrous ammonia in a process at its facility. Information gathered during the EPA inspection revealed that Respondent stores and distributes agricultural products, including anhydrous ammonia, at its facility and is engaged in a process at its facility.
From the time Respondent first had onsite greater than 10,000 pounds of anhydrous ammonia in a process, Respondent was subject to Program 2 prevention program requirements because pursuant to 40 C.F.R. § 68.10(k), the process does not meet the eligibility requirements of either Program 1 or Program 3, as described in 40 C.F.R. § 68.10(j) and (l), respectively.
Complainant hereby states and alleges that Respondent has violated the CAA and federal regulations promulgated thereunder as follows: