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
Respondent handles and stores, and has handled and stored, chlorine in a process at the Facility in quantities exceeding the threshold quantity.
Pursuant to the Inspection, EPA identified violations of the regulations at 40 C.F.R. Part 68 at the Facility, including some violations of the following requirements:
- process hazard analysis requirements of 40 C.F.R. § 68.67;
- operating procedures requirements of 40 C.F .R. § 68.69;
- training requirements of 40 C.F.R. § 68.71; and
- management of change requirements of 40 C.F.R. § 68.75
Respondent’s failures to comply fully with the requirements of 40 C.F .R. Part 68 regarding the Facility constitute violations of Section l 12(r) of the CAA, 42 U.S.C. § 7412(r). Respondent is therefore subject to the assessment of penalties under Section 113(d) of the CAA, 42 U.S.C. § 7413(d).
CONSENT AGREEMENT
Respondent agrees to pay a civil penalty in the total amount of sixty-two thousand three hundred and two dollars ($62,302).
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