SPECIAL NOTE: the Cl2 was generated by a truck unloading incident that was a WRONG CHEMICAL-WRONG TANK event (phosphoric acid to sodium hypochlorite) which produced 973 pounds of Cl2.
Respondent owns and operates two amino acid manufacturing facilities located near each other (the Facilities). One Facility specializes in food and beverage industries (Foods), and the other Facility specializes in animal nutrition. At all times relevant to this CAFO, Respondent produced, processed, handled, and/or stored hydrogen chloride (hydrochloric acid) < 37% (Chemical Abstract Service [CAS] 7647-01-0) and phosphoric acid (CAS 7664-38-2) at the Facilities; and produced, processed, handled and/or stored sodium hypochlorite (CAS 7681-52-9).
Each of the substances above, is an “extremely hazardous substance” within the meaning of Section 112(r)(1) of the CAA, 42 U.S.C § 7412(r)(1), commonly known as the General Duty Clause. Respondent is subject to the requirements of Section 112(r)(1) of the CAA, because it is the owner and operator of stationary sources that are producing, processing, handling, or storing substances listed pursuant to Section 112(r)(3), 42 U.S.C. § 7412(r)(3), and/or extremely hazardous substances pursuant to Section 112(r)(1) of the CAA, 42 U.S.C. § 7412(r)(1).
On August 21, 2021, a valve on a storage tank at the Foods Facility failed, resulting in a release of approximately 177,256 pounds of hydrochloric acid, employee evacuations, and a shelter-in-place order for the city. Hydrochloric acid is corrosive and can cause eye damage, severe burns, and injury to the mouth, throat, esophagus, and stomach.
On September 23, 2022, a delivery truck driver unloading phosphoric acid connected to a sodium hypochlorite fill line pipe at the Facility. The mixing of phosphoric acid and sodium hypochlorite resulted in a release of approximately 973 pounds of chlorine gas, employee evacuations, a shelter-in-place order for employees, and the treatment and release of approximately 15 Heartland employees at a nearby hospital. Chlorine (CAS 7782-50-5) is a poisonous gas that is corrosive and a strong oxidizing agent that can react explosively with or support the burning of other common materials, and can be lethal and create hydrochloric acid in the lungs.