On or about November 2, 2016, representatives of the EPA conducted an inspection (the EPA inspection) of the Facility to determine compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68. Information gathered during the EPA inspection revealed that the Facility had greater than 10,000 pounds of anhydrous ammonia in a process. From the time the Facility first had onsite greater than 10,000 pounds of anhydrous ammonia in a process, Respondent was subject to the Program 2 prevention program requirements pursuant to 40 C.F .R. § 68.10(c), because the process does not meet the eligibility requirements of either Program 1 or Program 3, as described in 40 C.F.R. § 68.10(b) and (d), respectively.
As a result of the EPA inspection, Complainant has determined that violations of the Chemical Accident Prevention provisions found in 40 C.F.R. Part 68 occurred.
NOTE: this facility fell under OSHA’s “retail” exemption and thus qualified for a Program 2 Level RMP.
Allegations of Violation: