EPA RMP General Duty Clause citations $35,000 (release of H2 from a improperly installed gasket by the manufacturer of vessel – NOT the facility)

This is a very interesting case, as it involved an error by the manufacturer of a new vessel and not the facility; however, it was the facility that was cited the $35K!  On March 26, 2012, there was an incident at the facility involving the release of hydrogen gas to ambient air from a newly installed process vessel. Specifically, the new vessel had a transportation (neoprene) gasket improperly installed by the manufacturer and the gasket failed releasing hydrogen gas to the ambient air. One worker was seriously injured in the incident and one worker sustained minor injuries.  Pursuant to section 112(r)( I) of the CAA, an owner/operator of a stationary source producing, processing, handling or storing substances listed pursuant to section 112(r)(3) of the CAA or any other extremely hazardous substance, has a general duty to: 

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