The Respondent operates a wastewater treatment plant where Chlorine, propane, and sulfur dioxide (anhydrous) are present above their thresholds. The Respondent operates a wastewater chlorination process at the stationary source. 40 C.F.R. § 68.130 specifies a 2,500-pound threshold for chlorine, a 10,000-pound threshold for propane, and a 5,000-pound threshold for sulfur dioxide (anhydrous). The Respondent’s facility has propane in exceed of the 10,000-pound threshold, however, such propane is not used in the wastewater chlorination process. Therefore, the Respondent’s facility is not subject to the “Program 3” requirements of the RMP regulations for the regulated substance of propane. The facility must still comply with the Program 3 Prevention Program of 40 C.F.R. Part 68, Subpart D for the Cl2 and SO2. The wastewater chlorination process is subject to the “Program 3” requirements of the RMP regulations and must, among other things, comply with the Program 3 Prevention Program of 40 C.F.R. Part 68, Subpart D.
On or about June 13, 2019, a representative of EPA conducted an inspection of the Respondent’s facility.
VIOLATIONS
Count One – Failure to Compile Process Safety Information
On or about the June 13, 2019 EPA Inspection, the Respondent failed to compile complete information regarding safety systems for the wastewater chlorination process.
Therefore, the Respondent violated 40 C.F.R. § 68.65(a) & (d) by failing to compile the required process safety information.
Count Two – Inadequate Process Hazard Analysis
A copy of the latest Water Chlorination Process PHA submitted to EPA on or about October 14, 2019 failed to address stationary source siting.
Therefore, the Respondent violated 40 C.F.R. § 68.67(c) by failing to address all required elements of a process hazard analysis.
Count Three – Inadequate Operating Procedure
On or about October 14, 2019, the Respondent submitted a copy of their “Emergency Operations – Chlorine & Sulfur Dioxide Leaks” Procedure.
The operating procedure did not require the operator responding to certain chlorine or sulfur dioxide leaks with respiratory protection.
The operating procedure was not specifically designed for this particular facility.
The operating procedure did not include sufficient precautions necessary to prevent exposure, including engineering controls, administrative controls, and personal protective equipment.
The operating procedures developed by owner or operator were not developed providing clear instructions for safely conducting Emergency Operation activities in the situation of Chlorine & Sulfur Dioxide Leaks.
Therefore, the Respondent violated 40 C.F.R. § 68.69(a) by not developing written operating procedures that provided clear instructions for safely conducting activities involved in each covered process consistent with the process safety information.
Count Four – Failure to Certify Operating Procedures
As of the date of the June 13, 2019 EPA Inspection, the Respondent failed to certify the operating procedures for 2017, 2018, and 2019.
Therefore, the Respondent violated 40 C.F.R. § 68.69(c) by failing to certify annually that their operating procedures are current and accurate.
Count Five – Training Violations
The Respondent failed to provide initial training and/or refresher training for certain employees involved in the operation of the wastewater chlorination process.
Alternatively, or in addition to, the Respondent failed to provide training documentation for certain employees involved in the operation of the wastewater chlorination process.
Therefore, the Respondent violated 40 C.F.R. § 68.71 by failing the train certain employees, and/or failed to provide training documentation for certain employees involved in the operation of the wastewater chlorination process.
CIVIL PENALTY
For the reasons set forth above, the Respondent has agreed to pay a civil penalty of EIGHTY THOUSAND, NINE HUNDRED TWO DOLLARS ($80,902).
CLICK HERE for the CAFO