Respondent is the owner and operator of a facility that had greater than 10,000 pounds of anhydrous ammonia in a process at each of its facilities. 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 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. § 68.10(g), the process does not meet the eligibility requirements of either Program 1 or Program 3, as described in 40 C.F.R. § 68.10(f) and (h), respectively.
EPA hereby states and alleges that Respondent has violated the CAA and federal regulations promulgated thereunder as follows: