Respondent owns and operates a prepared foods processing plant located within one mile of a residential area, an elementary school, a pond, a river, and many businesses. Respondent uses anhydrous ammonia in a refrigeration process,” as defined by 40 C.F.R. § 68.3, in a series of interconnected pipes and vessels at the Facility (the “Process”). In 2020, Respondent filed a Program 3 RMP for the Process and reported that it used 21,000 pounds of anhydrous ammonia. In its 2023 Tier II report, Respondent reported using 38,946 pounds of daily anhydrous ammonia. The endpoint for a worst-case release of the amount of anhydrous ammonia used in the Process is greater than the distance to a public receptor. Additionally, the Process is subject to OSHA’s PSM requirements at 29 C.F.R. § 1910.119 because it uses anhydrous ammonia in an amount over the threshold quantity of 10,000 pounds. Therefore, in accordance with 40 C.F.R. § 68.10(a)–(d), Respondent’s use, storage, and handling of anhydrous ammonia in the Process is subject to the requirements of RMP Program 3.
EPA visited the Facility on November 15, 2022 (the “Inspection”) and reviewed documents to assess Respondent’s compliance with Part 68. EPA alleges the following violations of 40 C.F.R. Part 68: