Respondent has a P-Tank Farm Vinyl Acetate Monomer {VAM), D-Tank Farm Toluene Diisocyanate (TDI), and the Isopentane and Isopentane/n-Pentane blend Intermodal Transfer processes at the Facility, meeting the definition of “process,” as defined by 40 C.F.R. § 68.3.
Isopentane, pentane, acrylonitrile, toluene diisocyanate (unspecified isomer), and vinyl acetate monomer are each a “regulated substance” of the CAA, 42 U.S.C. § 7412(r)(2)(B), and the regulation at 40 C.F.R. § 68.3. The threshold quantity for both isopentane and pentane, as listed in 40 C.F.R. § 68.130 is 10,000 pounds. The threshold for acrylonitrile, as listed in 40 C.F.R. § 68.130 is 20,000 pounds. The threshold for toluene diisocyanate (unspecified isomer), as list ed in 40 C.F.R. § 68.130 is 10,000 pounds. The threshold for vinyl acetate monomer, as listed in 40 C.F.R. § 68.130 is 15,000 pounds.
Respondent has at times maintained greater than a threshold quantity of isopentane, pentane, acrylonitrile, toluene diisocyanate (unspecified isomer), and vinyl acetate monomer in a process at the Facility, meeting the definition of “covered process” as defined by 40 C.F.R. § 68.3.
From the time Respondent first had on-site greater than a threshold quantity of isopentane, pentane, toluene diisocyanate (unspecified isomer), and vinyl acetate monomer in a process, Respondent was required to submit an RMP pursuant to 40 C.F.R. § 68.12(a) and comply with the Program 3 prevention requirements because pursuant to 40 C.F.R. § 68.1O(i), the covered process at the Facility did not meet the eligibility requirements of Program 1, is subject to Occupational Safety and Health Administration requirements for Process Safety Management pursuant to 29 C.F.R. 1910.119, and is in North American Industry Classification System code 49311.
Respondent’s storage of acrylonitrile on-site greater than a threshold quantity triggered Program 2 prevention requirements for the respective process.
EPA Findings of Violation