Respondent owns and operates an ethanol manufacturing facility. A mixture of hydrocarbon liquids butane, isopentane, and pentane is a “regulated substance” pursuant to 40 C.F.R. § 68.3. Pursuant to 40 C.F.R. § 68.115(b)(2)(i), the entire weight of the mixture shall be treated as the regulated substance when the concentration of each of the regulated substances is 1% or greater by weight of the total concentration of the flammable mixture. The threshold quantity for the flammable mixture of hydrocarbon liquids of butane, isopentane, and pentane, as listed in 40 C.F.R. § 68.130, is 10,000 pounds.
On or about August 13-14, 2024, representatives of the EPA conducted an inspection of Respondent’s Facility to determine compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68, and with the hazardous chemical reporting requirements of EPCRA. Information gathered during the EPA inspection revealed that Respondent stores flammable mixtures of hydrocarbon liquids in a tank and piping, including a flammable mixture of butane, isopentane, and pentane, and therefore is engaged in a process at its facility. Information gathered during the EPA inspection revealed that Respondent had greater than 10,000 pounds of a flammable mixture containing Butane, Isopentane [Butane, 2-methyl-], and Pentane in a process at its facility.
From the time Respondent first had onsite greater than 10,000 pounds ofcflammable mixture of hydrocarbon liquids in a process, Respondent was subject to Program 3 prevention program requirements because pursuant to 40 C.F.R. § 68.10(l), the covered process its facility did not meet the eligibility requirements of Program 1 and was subject to the OSHA process safety management standard, 29 C.F.R. § 1910.119.