The Respondent is a wholesale gas supplier. Operations include the filling, storing, and transfer of industrial gases. The facility receives bulk gases in tanker trailers and then transfers them to storage tanks before transferring them to smaller containers or back into tanker trailers for wholesale. Additionally, the facility receives nearly empty bulk trailers and containers that must be emptied before refilling. Some containers are refurbished through welding, sandblasting, and painting before being put back into circulation. The facility’s two main operations are high-pressure and low-pressure operations. Each of these processes at the Facility meets the definition of “process” as defined by 40 C.F.R. § 68.3.
Ethane, Methane, Ethylene, Propylene, Propane, I-Butene, Butane, 2-Methy 1propane, isobutane, and isopentane are each a ” regulated substance ” pursuant to 40 C.F.R. § 68.3. The threshold quantity for these flammable gases, as listed in 40 C.F.R. § 68.130, is 10,000 pounds.
Hydrogen chloride (Anhydrous) is a toxic chemical with a threshold quantity, as listed in 40 C.F.R. § 68.130, of 5,000 pounds.
Respondent has greater than a threshold quantity of the flammables and Hydrogen chloride (Anhydrous) in a process at the Facility meets the “covered process” definition defined by 40 C.F.R. § 68.3.
From the time Respondent first had on-site greater than a threshold quantity of the Regulated Substances in a process, Respondent was subject to the requirements of 40 C.F.R. Part 68 because it was the owner or operator of a stationary source that had more than a threshold quantity of a regulated substance in a process.
From the time Respondent first had on-site greater than a threshold quantity of the Regulated Substances in a process, Respondent was required to submit an RMP pursuant to 40 C.F.R. § 68.12(a) and comply with the Program 3 prevention requirements.
EPA Findings of Violation