Respondent is the owner and operator of a facility where, on October 10, 2024, there was an incident at the Facility that resulted in an accidental release of NH3. A sanitation team member opened an ammonia valve instead of the valve to drain the marination tank, resulting in the release of 1,024 lbs of anhydrous ammonia. Pursuant to Section 114 of the CAA, 42 U.S.C. § 7414, EPA requested on December 17, 2024, and Respondent provided documentation and information concerning the Incident and Respondent’s compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68. Based on the response provided on January 17, 2025, EPA conducted an investigation of the Facility to determine the Respondent’s compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68.
Respondent has greater than a threshold quantity of Anhydrous Ammonia in a process at the Facility, meeting the definition of “covered process” as defined by 40 C.F.R. § 68.3. Based upon the information gathered during the Investigation, EPA determined that Respondent violated certain provisions of the CAA.