Respondent has a chemical and allied product merchant wholesalers process at the Facility, meeting the definition of “process”, as defined by 40 C.F.R. § 68.3. 35. Respondent is a wholesale chemical distributor that primarily repackages, stores, and distributes industrial chemical raw materials and allied products. Hydrochloric acid (36%) is an extremely hazardous substance within the meaning of Section 112(r)(1) of the Act, due to its toxic and corrosive characteristics and propensity to volatilize in ambient air. From the time Respondent first produced, processed, handled, or stored EHS/listed substance at the Facility, Respondent was subject to the requirements of the General Duty Clause in Section 112(r)(1) of the CAA.
Ammonium hydroxide is a “regulated substance” pursuant to Section 112(r)(2)(B) of the CAA and the regulation at 40 C.F.R. § 68.3. The threshold quantity for Ammonium hydroxide, as listed in 40 C.F.R. § 68.130 is 20,000 pounds.
Hydrochloric acid is a “regulated substance” pursuant to Section 112(r)(2)(B) of the CAA and the regulation at 40 C.F.R. § 68.3. The threshold quantity for Hydrochloric acid, as listed in 40 C.F.R. § 68.130 is 15,000 pounds.
Cyclohexylamine is a “regulated substance” pursuant to Section 112(r)(2)(B) of the CAA and the regulation at 40 C.F.R. § 68.3. The threshold quantity for Cyclohexylamine, as listed in 40 C.F.R. § 68.130 is 15,000 pounds.
Respondent has greater than a threshold quantity of ammonium hydroxide, hydrochloric acid, and cyclohexylamine, in a process at the Facility, meeting the definition of “covered process” as defined by 40 C.F.R. § 68.3.
ALLEGED VIOLATIONS
40 C.F.R. § 68.50(c) Hazard Review
Respondent failed to document the results of the 2023 hazard review for hydrochloric acid, cyclohexylamine, and the 2021 hazard review for ammonium hydroxide, and to ensure the problems identified were resolved in a timely manner.
Respondent’s failure to document results of the hazard review and timely resolve identified problems pursuant to 40 C.F.R. § 68.50(c), as required by 40 C.F.R. § 68.12(c)(3), is a violation of Section 112(r)(7) of the CAA, 42 U.S.C. § 7412(r)(7).
40 C.F.R. § 68.50(d) Hazard Review
Respondent failed to complete an updated hazard review between March 2018 and March 2023 for hydrochloric acid and cyclohexylamine.
Respondent’s failure to complete an updated hazard at least once in five years pursuant to 40 C.F.R. § 68.50(d), as required by 40 C.F.R. § 68.12(c)(3), is a violation of Section 112(r)(7) of the CAA, 42 U.S.C. § 7412(r)(7).
40 C.F.R. § 68.56(d) Maintenance
Respondent failed to ensure that an ammonium hydroxide tote was retested every 18 months in accordance with recognized and generally accepted good engineering practice.
Respondent’s failure to promptly retest the integrity of the totes in accordance with recognized and generally accepted good engineering practice pursuant to 40 C.F.R. § 68.56(d), as required by 40 C.F.R. § 68.12(c)(3), is a violation of Section 112(r)(7) of the CAA, 42 U.S.C. § 7412(r)(7).
40 C.F.R. § 68.58(d) Compliance Audits
Respondent failed to determine and document an appropriate response to each of the findings of the compliance audit, and document which deficiencies had been corrected in their October 2020 and June 2023 compliance audit.
Respondent’s failure to promptly determine and document an appropriate response to each of the findings of the compliance audit, and document corrected deficiencies pursuant to 40 C.F.R. § 68.58(d), as required by 40 C.F.R. § 68.12(c)(3), is a violation of Section 112(r)(7) of the CAA, 42 U.S.C. § 7412(r)(7).
40 C.F.R. § 68.190(b)(1) Updates
Respondent failed to review and submit an updated RMP at least once every five years from the date of its most recent update in September 2010. Respondent did not resubmit its RMP from October 2010 to May 2023.
Respondent’s failure to revise and update the RMP submitted under 40 C.F.R. § 68.150 pursuant to 40 C.F.R. § 68.190(b)(1), is a violation of Section 112(r)(7) of the CAA, 42 U.S.C. § 7412(r)(7).
Section 112(r)(1) of the CAA, 42 U.S.C. § 7412(r)(1) General Duty Clause
Respondent’s failure to take steps to design and maintain a safe facility taking necessary steps to prevent the accidental release is a violation of the General Duty Clause, Section 112(r)(1) of the CAA, 42 U.S.C. § 7412(r)(1).
CONSENT AGREEMENT AND CIVIL PENALTY
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 violations, payment by the violator of any penalties previously assessed for the same violation, the economic benefit of noncompliance, the seriousness of the violations, and other factors as justice may require, EPA has assessed a civil penalty in the amount of $298,872.22.
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