Respondent owns and operates a chemical facility which had Chlorine (Cl2) as its “regulated substance”. On or about January 23-24, 2018, representatives of the EPA conducted an inspection of Respondent’s Facility to determine compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68. Information gathered during the EPA inspection revealed that Respondent had greater than 2,500 pounds of chlorine in a process at its facility. From the time Respondent first had on site greater than 2,500 pounds of chlorine in a process, Respondent was subject to Program 2 prevention program requirements because pursuant to 40 C.F.R. §68.10(c), the process does not meet the eligibility requirements of either Program 1 or Program 3, as described in 40 C.F.R. § 68.10(b) and (d), respectively. From the time Respondent first had on site greater than 2,500 pounds of chlorine in a process, Respondent was required under Section 112(r)(7) of the CAA, to submit an RMP pursuant to 40 C.F.R. § 68.12(a) and comply with the Program 2 requirements provided at 40 C.F.R. § 68.12(c) and detailed in Subpart C.
EPA hereby states and alleges that Respondent has violated the CAA and federal regulations promulgated thereunder as follows:
Allegations of Violation