Respondent is a corporation organized under the laws of the State of Michigan, and is thus a “person” according to section 302(e) of the CAA. At all times relevant to this Complaint, Respondent owned, operated, controlled and supervised a facility which includes buildings, structures, equipment, and installations belonging to the same industrial group, located on one or more contiguous properties and under the control of Respondent. The facility manufactures solid craft foam for the floral industry and others. Respondent uses butane, difluoroethane and pentane in its manufacturing processes. Respondent’s facility had butane, since November 2011, difluoroethane since November 2011, and pentane since May 2013, each in quantities exceeding 10,000 pounds through 2013. Respondent thus maintained certain regulated substances at its facility at certain times in quantities exceeding the thresholds under the Chemical Accident Pollution Prevention rule. Respondent’s processes at its facility subject it to Program 3 requirements because the distance to public receptors, as defined at 40 C.F .R. § 68.30, is less than the distance to the flammable or toxic endpoint for a worst-case release assessment under 40 C.F.R. § 68.25, and because the processes are subject to the process safety management standard at 29 C.F.R. § 1910.119.