EPA’s RMP General Duty Clause and a challenge to the definition of an EHS
This is an interesting case, with EPA laying claim that although the chemical Toluene is NOT listed as an Extremely Hazardous Substance (EHS) in either the RMP or EPCRA rule it is still an EHS and the Clean Air Act’s RMP General Duty Clause applies to it. EPA wins this case, but the argument the facility…...
