Respondent operated a facility that refines petroleum products using a hydrofluoric acid alkylation process. Hydrofluoric Acid is a “regulated toxic substance” listed under CAA Section 112(r)(3), 42 U.S.C. § 7412(r)(3), with a TQ of 1,000 lbs. See 40 C.F.R. § 68.130, Tables 1 and 2. On June 2-3, 2022, EPA performed an inspection of the Facility to evaluate compliance with the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) Section 103, EPCRA Sections 304-312, and CAA Section 112(r). Based upon the information gathered during the Inspection and subsequent investigation, EPA asserts that Respondent violated certain provisions of the CAA and EPCRA.
At all times relevant to this CA/FO, Respondent has been the “owner or operator” of the Facility, which is a “stationary source” that has at least one regulated substance in an amount equal to or in excess of the applicable TQ in a “process” as defined by 40 C.F.R. § 68.3. The distance to a toxic or flammable endpoint for a worst-case release assessment includes public receptors, and the Facility’s North American Industry Classification System code is 32411. Therefore, it is subject to the Program 3 requirements provided in 40 C.F.R. §§ 68.65 to 68.87.
ALLEGED VIOLATIONS