The Respondent owns a milk production facility and according to the U.S. Census data from 2010, several thousand people live near the Facility. The Facility has been in use as a dairy since 1886, and at the time of EPA’s inspection, included a milk production site, office space, chemical storage, warehousing, and production areas.
The Facility includes an ammonia refrigeration system for cooling milk, orange juice, and other products. On August 27, 2014, EPA inspectors visited the Facility and performed an inspection (“the Inspection”) to assess Respondent’s compliance with Section 112(r) of the CAA.
At the time of the Inspection, the Facility was a building or structure from which an accidental release may occur and was therefore a “stationary source,” as defined at Section 112(r)(2)(C) of the CAA and 40 C.F.R. § 68.3.
At the time of the Inspection, Respondent used anhydrous ammonia in a refrigeration process (“the Process”), as defined by 40 C.F.R. § 68.3.
Respondent conducted a Process Hazard Analysis (“PHA”) for the Facility on January 19-20, 2010.
On May 30, 2013 , Respondent submitted an RMP submission for the Facility (‘the 2013 RMP”). In the 2013 RMP, Respondent reported that the Facility used 11,500 pounds of anhydrous ammonia in a Program Level 3 process.
Respondent submitted Tier II reports pursuant to Sections 311 and 312 of the Emergency Planning and Community Right-to-Know Act of 1986 (“EPCRA”), 42 U.S.C. §§ 11021 and 11022, reporting that the Facility used the following quantities of ammonia: