On or about August 10, 2018, representatives of the EPA conducted an inspection of Respondent’s 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 Respondent had the capacity to store 650,000 pounds of anhydrous ammonia at the Facility, and regularly stored greater than 300,000 pounds of anhydrous ammonia in a process at the 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 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 onsite greater than 10,000 pounds of anhydrous ammonia in a process, Respondent was subject to Program 2 prevention program requirements because pursuant to 40 C.F.R. § 68.lO(g), the process does not meet the eligibility requirements of either Program 1 or Program 3, as described in 40 C.F.R. § 68.l0(f) and (h), respectively.
On November 2, 2016, an onsite anhydrous ammonia release occurred which resulted in an injury to a worker at their site. The worker received an ammonia burn to his hand and received medical treatment.
On May 16, 2017, a release of ammonia occurred Respondent’s facility. Information reported in a local newspaper article stated that a citizen had smelled and observed an ammonia cloud, and the Webster County sheriffs department had responded and closed the road near the facility, and the local Badger volunteer fire department was dispatched as first responders. The cause of the release was determined to be leak from a fill valve on a nurse tank.
Allegations of Violations