The respondent is the owner and operator of a chemical manufacturing facility. EPA conducted an inspection of the Facility on May 1-4, 2018, to determine the Respondent’s compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68. The following chemicals are “regulated substances” pursuant to 40 C.F.R. § 68.3. The threshold quantity for the regulated substances, as listed in 40 C.F.R . § 68.130 are listed respectively:
a. Chlorine – 2,500 pounds;
b. Chloroform [methane, trichloro-] – 20,000 pounds;
c. Methyl chloride [methane, chloro-] – 10,000 pounds; and
d. Vinyl chloride – 10,000 pounds
At all relevant times, Respondent was required to submit an RMP pursuant to 40 C.F.R. § 68.12(a) and comply with the Program 3 prevention requirements because pursuant to 40 C.F.R. § 68.I0(i), the covered process at the Facility did not meet the eligibility requirements of Program I and is in North American Industry Classification System code 325199.