Respondent stores and uses ammonia at the facility in parts of the storage and refrigeration process. Respondent’s storage and refrigeration process contains more than the threshold quantity (10,000 pounds) of ammonia. Respondent’s storage and refrigeration process does not meet the eligibility requirements for Program 1 under 40 C.F.R. § 68.10(b) and is subject to the OSHA process safety management standard since the process involves ammonia above the threshold quantity in 29 C.F.R. § 1910.119, App. A. Respondent’s storage and refrigeration process is therefore subject to Program 3 under 40 C.F.R. § 68.10(d). On July 7, 2018 and August 8, 2018, a representative from EPA conducted an inspection at the facility. The purpose of the inspection was to determine whether the Respondent was complying at the
facility with Section 112(r) of the Act and the Risk Management Program regulations. Based on the inspection conducted by EPA, EPA alleges that Respondent failed to comply with the Risk Management Program regulations at the facility for Program 3 requirements as set forth below: