Respondent has a semiconductor manufacturing process at the Facility. The Facility has three covered processes using silane, ammonium hydroxide (conc 20% or greater), and anhydrous hydrogen chloride, meeting the definition of “process.” Respondent has greater than threshold quantities of anhydrous hydrogen chloride, silane, and ammonia (concentration 20% or greater) in covered processes at the Facility.
EPA conducted an inspection of the Facility to determine Respondent’s compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68. From the time Respondent first had on-site greater than a threshold quantity of anhydrous hydrogen chloride, silane, and ammonia (concentration 20% or greater) in a process, Respondent was subject to the requirements of Section 112(r)(7) of the CAA and 40 C.F.R. Part 68 because it was the owner or 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 on-site greater than a threshold quantity of anhydrous hydrogen chloride in a process, Respondent was required to submit an RMP pursuant to 40 C.F.R. § 68. l 2(a) and comply with the Program 3 prevention req requirements, because pursuant to 40 C.F.R. § 68.10(i), the covered process at the Facility did not meet the eligibility requirements of Program 1, and is subject to the OSHA process safety management standard, 29 C.F.R. § 1910.119.
EPA Findings of Violation