Respondent operated a facility (the “Facility”) that stores and distributes anhydrous ammonia. The Facility receives anhydrous ammonia from oceangoing vessels and stores it in two interconnected insulated tanks. The Facility includes three pressure tanks storing fertilizer-grade ammonia (Fl through F3) and four pressure tanks storing refrigeration-grade ammonia (R1 through R4). Respondent produces, stores, and distributes aqueous ammonia (with a concentration
of 20 percent or greater) at the Facility, which is stored in a single aboveground storage tank.
At all times relevant to this CAFO, Respondent produced, used, or stored more than 10,000 pounds of anhydrous ammonia at the Facility and was subject to the requirements of CAA§ 112(r)(7). At all times relevant to this CAFO, Respondent produced, used, or stored more than 20,000 pounds of aqueous ammonia (with a concentration of 20 percent or greater) at the Facility and was subject to the requirements of CAA§ 112(r)(7).
At all times relevant to this CAFO, the anhydrous ammonia process at the Facility was subject to Program 3 requirements because it was subject to the OSHA process safety management standard set forth in 29 C.F.R. § 1910.119.
At all times relevant to this CAFO, the aqueous ammonia process at the Facility was subject to Program 2 requirements.
During March 14-18, 2022, EPA’s National Enforcement Investigation Center performed an inspection at the Facility to assess Respondent’s compliance with Section 112(r) of CAA, 42 U.S.C. § 7412(r), and Part 68 requirements (the “Inspection”) and documented its observations in an inspection report dated May 13, 2022.
Based upon the information gathered during the Inspection and follow-up investigation (collectively the “Investigation”), EPA determined that Respondent violated certain provisions of the CAA.