Respondent operates a facility to manufacture chlorine, bleach, and hydrochloric acid.
At all times relevant to this CAFO, Respondent produced, used, or stored more than 2,500 pounds of chlorine at the Facility and was subject to the requirements of CAA § 112(r)(7).
At all times relevant to this CAFO, Respondent produced, used, or stored hydrogen at the Facility and was subject to the requirements of CAA § 112(r)(1).
At all times relevant to this CAFO, Respondent was subject to Program 3 requirements because it had public receptors within the distance to the endpoint for the worst-case release and was subject to the OSHA process safety management standard set forth in 29 C.F.R. § 1910.119.
EPA’s National Enforcement Investigation Center conducted an off-site investigation of Respondent’s operations at the Facility pursuant to Section 112(r) of CAA, Sections 304–12 of Emergency Planning and Community Right-to-Know Act, and Section 103 of the Comprehensive Environmental Response, Compensation and Liability Act, and documented its observations in an inspection report dated June 3, 2020. On October 21-23, 2021, EPA performed an in person inspection at the Facility for Respondent’s compliance with Section 112(r) of CAA, 42 U.S.C. § 7412(r), and Part 68 requirements (the “Inspection”) (collectively the “Investigation”).
Based upon the information gathered during the Investigation, EPA determined that Respondent violated certain provisions of the CAA.
ALLEGED VIOLATIONS