Respondent is the owner and/or operator of the Facility, which has registered an RMPlan with the EPA for its Facility and has developed an RMProgram accidental release prevention program for the Facility. On February 26, 2019, the EPA issued to Respondent a Notice of Potential Violation (“NOPV”), providing notice that the EPA found that Respondent potentially committed the alleged violations described in Section V of this Agreement and providing Respondent an opportunity to confer with the EPA. Representatives of Respondent and the EPA held multiple meetings to discuss the NOPV. At its Facility:
a. Respondent operates chemical manufacturing processes.
b. Respondent has on-site for use and storage:
- 8,923,000 pounds of hydrofluoric acid,
- 310,000 pounds of chlorine,
- 610,000 pounds of hydrochloric acid (HCL) (con 37% or greater), and
- 810,000 pounds of vinylidene fluoride
Respondent has ten RMProgram level 3 covered processes, which store or use hydrofluoric acid, chlorine, HCL, and vinylidene fluoride in amounts exceeding their applicable thresholds of 1,000, 2,500, 15,000, and 10,000 pounds, respectively.