Respondent operated a facility to store and distribute pesticides, fertilizers, and industrial chemicals, including chlorine. At all times relevant to this CAFO, the facility produced, used or stored more than 10,000 pounds of chlorine and was subject to the requirements of CAA § 112(r)(7). The process was subject to Program 3 requirements because it was subject to the OSHA process safety management standard set forth in 29 C.F.R. § 1910.119.
RMP
Count 1
Violation of 40 C.F.R. § 68.69(a)(3)
From or about September 2016 through September 2018, Respondent failed to adequately address personal protective equipment to be used in the event of an accidental release of regulated toxic substances in its standard operating plan for the facility. Therefore, EPA alleges that Respondent violated Section 112(r)(7) and 40 C.F.R. § 68.69(a)(3).
Count 2
Violation of 40 C.F.R. § 68.95(a)(3)
Respondent was required, pursuant to Section 112(r)(7) of the CAA and 40 C.F.R. § 68.95(a)(3), to develop and implement an emergency response program that included training for all employees in relevant procedures. From or about September 2016 through September 2018, Respondent failed to train its employees in relevant procedures for responding to an accidental release of regulated toxic substances. Therefore, EPA alleges that Respondent violated Section 112(r)(7) of the CAA, and 40 C.F.R. § 68.95(a)(3).
Respondent agrees to the assessment of a penalty in the amount of $77,432 for the CAA 112(r) claims set forth herein and $49,777 for the FIFRA claims set forth herein for the 12 total penalty of ONE HUNDRED TWENTY-SEVEN THOUSAND TWO HUNDRED
AND NINE DOLLARS ($127,209), plus interest, as final settlement of the civil claims against Respondent arising under the Act as alleged in Section LC of the CAFO.
NOTE: See the CAFO below for the pesticide issues found – I only posted the RMP issues.
CLICK HERE (pdf) for the CAFO