On March 22, 2023, a process upset within a particulate scrubber at the Facility caused an accidental release. EPA requested on June 13, 2023, and Respondent provided on June 30, 2023, documentation and information concerning the Incident and compliance with Section 112(r) of the CAA. On November 7, 2023, the EPA sent Respondent a Notice of Potential Violation and Opportunity to Confer letter. On November 13, 2023, the EPA responded to the documentation and information received from Respondent as a result of the opportunity to confer. Respondents failure to maintain normal operating parameters within the scrubber, was a failure to maintain a safe facility, taking such steps as are necessary to prevent releases, in violation of Section 112(r)(1) of the CAA.