On or about August 22-23, 2017, EPA conducted an inspection (the inspection) of the Facility to determine compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68. Information collected as a result of the inspection revealed that Respondent failed to implement the risk management program at the Facility. The following substances are a “regulated substance” according to 40 C.F.R. § 68.3, with a threshold quantity of 10,000 pounds, as listed in 40 C.F.R. § 68.130:
- Propane;
- Ethyl ether; and
- Isobutane
Information gathered during the inspection revealed that Respondent had greater than 10,000 pounds of flammable mixtures comprised of ethyl ether (CAS # 60-29-7), propane (CAS # 74-98-6), and isobutane (propane, 2-methyl- CAS # 75-28-5) (the flammable mixtures) in a process at the Facility.
From the time Respondent first had on site greater than 10,000 pounds of the flammable mixtures in a process, Respondent was subject to Program 3 prevention program requirements pursuant to 40 C.F.R. § 68.1O(d) because the covered process at the Facility does not meet the eligibility requirements of Program 1 and is subject to the OSHA process safety management standard 29 C.F.R. § 1910.119.
FINDINGS OF VIOLATIONS