The respondent was the owner or operator of the cheese production facility that used anhydrous ammonia in its refrigeration processes. Respondent was required to have a material safety data sheet for anhydrous ammonia under the Occupational Safety and Health Act of 1970, 29 U.S.C. ยง 651 et seq. , and its associated regulations. Respondent produced, processed, handled, or stored a regulated substance and was therefore subject to section 112(r)(1) of the CAA. Respondent was subject to the reporting requirements of section 312 of the EPCRA. From December 20, 2021, to May 17, 2022, authorized representatives of the EPA conducted an offsite compliance monitoring investigation of the Facility. During that investigation, the EPA representatives identified alleged violations of section 112(r)(1) of the CAA and section 312 of the EPCRA.
On March 13, 2024, Respondent notified the EPA that it had removed all anhydrous ammonia from the refrigeration processes at the Facility on February 29, 2024. Thereafter, Respondent sold the Facility to an unrelated entity.
EPA’S ALLEGED VIOLATIONS OF LAW