Respondent is the owner and operator of the facility. On October 15, 2022, there was an incident at the Facility that resulted in an accidental release of approximately 17,598 pounds of Aluminum Triethyl (ATE). The Incident resulted in an on-site chemical fire at the Facility and a shelter-in-place for the surrounding community.
The Respondent’s facility uses natural gas and by-products from refinery operations to produce specialty chemicals for detergents and cosmetics. The facility uses or produces several regulated flammables such as ethylene, propane, butane, propylene, ethane, hydrogen, methane, and pentane. The Respondent’s processes meet the definition of “process” and “covered process”, as defined by 40 C.F.R. § 68.3. The Respondent’s RMP program level 3 covered processes store or otherwise use a regulated substance in an amount exceeding the applicable threshold.
Ethylene Oxide, Hydrogen Flouride, and Chlorine are “regulated substances” pursuant to Section 112(r)(2)(B) of the CAA, and the regulation at 40 C.F.R. § 68.3. The threshold quantity for the regulated substance, Ethylene Oxide, as listed in 40 C.F.R. § 68.130, is 10,000 pounds. The threshold quantity for the regulated substance, Hydrogen Flouride, as listed in 40 C.F.R. § 68.130 is 1,000 pounds. The threshold quantity for the regulated substance, Chlorine, as listed in 40 C.F.R. § 68.130, is 2,500 pounds.
Respondent has greater than a threshold quantity of Ethylene Oxide, Hydrogen Flouride, and Chlorine in processes at the Facility, meeting the definition of “covered process” as defined by 40 C.F.R. § 68.3.
EPA Findings of Violation