Respondent owns a chemical supply outlet where chlorine was present in a process above the 2,500 pounds TQ, and sulfur dioxide was in a present in a process above the 5,000 pounds TQ from at least March 16, 2010.  Respondent was required to submit and have in place an RMP for the facility. Under 40 C.F.R. § 68.10(h) a covered process is subject to Program 3 if the process does not meet the Program 1 applicability requirements, and the process is subject to the Occupational Safety and Health Act (OSHA) process safety management standard, 29 C.F.R. § 1910.119. Respondent has two (2) program 3 processes, as defined in 40 C.F.R. § 68.10(h):

  • a chlorine cylinder storage process, and
  • a sulfur dioxide cylinder storage process

Respondent submitted an RMP on March 16, 2010, February 6, 2015, and March 31, 2017.

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