Respondent owns and operates a food facility that had greater than 10,000 pounds of anhydrous ammonia in a process at its facility. From the time Respondent first had onsite greater than 10,000 pounds of anhydrous ammonia in a process, Respondent was subject to the requirements of Section 112(r) of the CAA, 42 U.S.C. § 7412(r), and 40 C.F.R. Part 68 because it was an owner and operator of a stationary source that had more than a threshold quantity of a regulated substance in a process. From the time Respondent first had on site greater than 10,000 pounds of anhydrous ammonia in a process, Respondent was subject to Program 3 prevention program requirements because pursuant to 40 C.F .R. § 68.10( d), the covered process at its facility did not meet the eligibility requirements of Program 1 and is in Subject to the OSHA process safety management standard, 29 CFR 1910.119. Complainant hereby states and alleges that Respondent has violated the CAA and federal regulations promulgated thereunder as follows: