Respondent is the owner and/or operator of a facility that uses chlorine in its chemical manufacturing process. EPA conducted an inspection of the Facility on November 29, 2017, to assess compliance with Section 112(r)(7) of the CAA (the “Inspection”) and the regulations at 40 C.F.R. Part 68. Respondent filed an RMP for the Facility with EPA on January 26, 2017, that, among other things, identified a covered chlorine process at the Facility as a Program 3 process, and that specified a quantity of 45,000 – 90,000 pounds of chlorine for this process. Respondent entered into an Administrative Order on Consent with EPA dated September 26, 2018, which required Respondent to perform certain activities at the Facility to address deficiencies and come into compliance with the requirements of 40 C.F.R. Part 68.
EPA CONCLUSIONS OF LAW