NOTE: I normally do not post such small cases; however, this one involved the use of The Chlorine Institute pamphlets as the referenced RAGAGEP and because it is so rare we see Cl2 PSM/RMP citations I wanted to add it to the database.
Based on a compliance monitoring inspection conducted at the Respondent’s facility on May 11, 2021, EPA alleges that the Respondent violated the Act’s Section 112(r)(7), Chemical Accident Prevention Provisions, 42 U.S.C. § 7412(r)(7), when at the time of inspection, Respondent did not provide evidence that:
- It included in its registration, for each covered process, the name and CAS number of each regulated substance held above the threshold quantity in the process, the maximum quantity of each regulated substance or mixture in the process (in pounds) to two significant digits, the five or six-digit NAICS code that most closely corresponds to the process, and the Program level of the process as required by 40 C.F.R. § 68.160(b)(7); and
- It documented that equipment complies with recognized and generally accepted good engineering practices as required by 40 C.F.R. § 68.65(d)(2).
- At the time of inspection, EPA inspectors observed no protection from rolling to the one-ton cylinders of chlorine and sulfur dioxide (SO2) stored outside the warehouse. According to Cl Pamphlet 17 section 2.6.7, ton containers, which weigh between 1,300 lb. (590 kg) and 1,650 lb. (750 kg) when empty, are always stored in the horizontal position, above the ground or floor, on steel, concrete or other suitable supports. Individual ton containers or the ton containers at each end of a row of ton containers should be chocked to prevent rolling.
- The one-ton chlorine/SO2 cylinders were not protected from vehicular traffic or other physical damage. NFPA 55, Section 7.1.9.3.2 requires the compressed gas cylinders to be protected from vehicular traffic.
- Full and empty chlorine and SO2 cylinders stored in an aisle of the warehouse and outside were not labeled. Labeling the cylinder as “Empty Cylinders” or “Full Cylinders” would avoid confusion during an emergency response. Further, the Chlorine Institute’s Pamphlet 91, “Checklist for Chlorine Packaging Plants, Chlorine Distributors, and Tank Car Users of Chlorine,” used as an industry standard by the Respondent, includes the following question: “Are the cylinders and containers properly identified? (signage, placards, labels, marked, etc.).”
SETTLEMENT
In consideration of Respondent’s size, its full compliance history, its good faith efforts to comply, and other factors as justice may require, and upon consideration of the entire record the parties enter into the ESA in order to settle the violations cited above, for the total penalty amount of $5,200.
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