Respondent is the owner and operator of a paint facility. On August 7, 2023, an incident occurred at the Facility that EPA alleges resulted in an accidental release (the “Incident”) of byproducts from a temperature-sensitive organic peroxide, leading to an overpressure release event. EPA conducted an investigation of the Facility beginning September 12, 2023, to determine Respondent’s compliance with Section 112(r)(1) of the CAA. EPA alleges that the root cause of the incident involved the storage of a raw material ingredient above the manufacturer’s recommended temperature. Manufacturer recommendations for the storage and handling of the raw material involved in the incident are below 50 degrees Fahrenheit (°F), use in a controlled climate area below 68°F, elimination of potential static electric discharges, and, avoiding container placement in direct sunlight. EPA alleges the raw material is an extremely hazardous substance subject to requirements of the GDC due to its unstable chemical composition. The material begins to decompose at temperatures exceeding 68°F and should not be stored in direct sunlight. This substance has a self-accelerating decomposition temperature of 108°F, under which the material will spontaneously react to generate flammable vapors. Spontaneous decomposition may lead to an overpressure release event.
From the time Respondent first produced, processed, handled, or stored the raw material at the Facility, EPA alleges Respondent was subject to the requirements of the General Duty Clause in Section 112(r)(1) of the CAA. Based upon the information gathered during the Investigation, EPA determined that Respondent violated certain provisions of the CAA.