On September 30, 2014, EPA Region 1 filed a Consent Agreement and Final Order (ÂCAFOÂ) resolving Clean Air Act (ÂCAAÂ) penalty claims against the City of Fall River, Massachusetts (ÂFall RiverÂ). Fall River is a Massachusetts city that operates a water-treatment facility in Fall River that violated the Clean Air Act by failing to comply with the Risk Management Plan (ÂRMPÂ) requirements of 40 C.F.R. Part 68. At the time of the matters addressed in the CAFO, Fall River was storing up to 14,000 pounds of chlorine gas, an extremely hazardous substance, on the premises for waste treatment but failed to properly implement an RMP. EPA has previously issued a Notice of Violation and entered into an Administrative Order on Consent (ÂNOV/AOCÂ) for the violations. As a result of this enforcement action, Fall River has come into compliance with the RMP regulations.
Pursuant to the settlement, Fall River will perform a Supplemental Environmental Project (ÂSEPÂ) worth approximately $449,000 and pay a civil penalty of $5,000 to resolve liability for the CAA violations. In order to complete the SEP, Fall River will eliminate the use of chlorine gas at its facility and substitute liquid sodium hypochlorite, a much less toxic substance, in its stead.