Respondent is a Gourmet Pasta Company that uses anhydrous ammonia in two refrigeration “processes,” as defined by 40 C.F.R. § 68.3, in two separate systems of pipes and vessels at the Facility (the “Processes”). On October 12, 2016, Respondent conducted a Process Hazard Analysis (“PHA”) for the Facility. On March 30, 2017, Respondent filed an update of its RMP with EPA. Respondent’s RMP categorizes the Facility as a Program Level 3 facility with two ammonia refrigeration
systems: (a) Process #1 containing 12,200 pounds of anhydrous ammonia; and (b) Process #2 containing 29,100 pounds of anhydrous ammonia.
Respondent submitted Tier II reports pursuant to Sections 311 and 312 of the Emergency Planning and Community Right-to-Know Act (“EPCRA”), 42 U.S.C. §§ 11021 and 11022, reporting that the Facility used 42,000 pounds of anhydrous ammonia in 2016. Accordingly, the anhydrous ammonia Processes at the Facility are both “covered processes” subject to the RMP provisions of Part 68.