Respondent owns a chemical supply outlet where chlorine was present in a process above the 2,500 pounds TQ, and sulfur dioxide was in a present in a process above the 5,000 pounds TQ from at least March 16, 2010. Respondent was required to submit and have in place an RMP for the facility. Under 40 C.F.R. § 68.10(h) a covered process is subject to Program 3 if the process does not meet the Program 1 applicability requirements, and the process is subject to the Occupational Safety and Health Act (OSHA) process safety management standard, 29 C.F.R. § 1910.119. Respondent has two (2) program 3 processes, as defined in 40 C.F.R. § 68.10(h):
- a chlorine cylinder storage process, and
- a sulfur dioxide cylinder storage process
Respondent submitted an RMP on March 16, 2010, February 6, 2015, and March 31, 2017.