Interesting case as the focus of the release was… “maintenance procedures failed to include clear instructions for detecting chlorine leaks after maintenance activities“
Respondent is the owner and operator of a facility. On August 30, 2024, there was an incident at the Facility that resulted in an accidental release of 180 pounds of chlorine (the “Incident”). On January 31, 2025, EPA requested follow-up information and Respondent provided a response on February 5, 2025, regarding the Incident and Respondent’s compliance with Section 112(r) of the CAA, 42 U.S.C. § 7412(r), and 40 C.F.R. Part 68 (the “Investigation”).
Respondent has a chlorine process at the Facility, meeting the definition of “process”, as defined by 40 C.F.R. § 68.3. Chlorine is a “regulated substance” pursuant to Section 112(r)(2)(B) of the CAA, 42 U.S.C. § 7412(r}(2)(B), and the regulation at 40 C.F.R. § 68.3. The threshold quantity for chlorine, as listed in 40 C.F.R. § 68.130 is 2,500 pounds.
Based upon the information gathered during the Investigation, EPA determined that Respondent violated a provision of the CAA.
ALLEGED VIOLATIONS
Count 1- Operating Procedures
Based on the response Respondent provided to EPA on February 5, 2025, and confer meetings on July 8 and 15, 2025, it was agreed that Respondent’s maintenance procedures failed to include clear instructions for detecting chlorine leaks after maintenance activities and before employees leave the Facility for the evening.
Respondent’s failure to provide clear instructions or steps for safely conducting an activity associated with a covered process consistent with the safety information for that process pursuant to 40 C.F.R. § 68.52(a), is a violation of Section 112(r)(7) of the CAA, 42 U.S.C. § 7412(r)(7).
Penalty Assessment and Collection
Upon consideration of the entire record herein, including the Findings of Fact and Conclusions of Law, which are hereby adopted and made a part hereof, and upon consideration of the size of the business, the economic impact of the penalty on the business, Respondent’s full compliance history and good faith efforts to comply, the duration of the violation, payment by the violator of any penalties previously assessed for the same violation, the economic benefit of noncompliance, the seriousness of the violation, and other factors as justice may require, EPA has assessed a civil penalty in the amount of $25,110.00 (the “EPA Penalty”). The EPA Penalty has been determined in accordance with Section 113 of the CAA, 42, U.S.C. § 7413, and at no time exceeded EPA’s statutory authority.
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