The CAFO resolves alleged CAA violations that Complainant asserted occurred in conjunction with Respondent’s storage and handling of toluene diisocyanate, an extremely hazardous substance, at its former plant growth media manufacturing facility. Respondent reports that the Facility ceased operations on or about December 3, 2020. Respondent also reports that subsequently, all equipment, inventory, raw materials (including commercial chemical products), packaging and other materials have been removed from the Facility, the premises have been vacated, and the lease terminated.
Toluene diisocyanate (“TDI”) is an extremely hazardous substance listed in Section 112(r)(3) of the CAA and at 40 C.F.R. § 68.130, having a threshold quantity of 10,000 pounds. TDI is toxic and a possible carcinogen and can cause respiratory irritation or breathing difficulties if inhaled. It is also reactive and incompatible with water, among other substances.
On November 8, 2018, EPA and its contractors conducted an inspection at the Facility. The principal purpose of the Inspection was to determine whether Respondent was operating the Facility in compliance with federal environmental laws and regulations administered by EPA, including but not limited to Sections 302 – 312 of EPCRA and Section 112(r) of the Clean Air Act.
During the Inspection and based on information submitted after the Inspection, several areas of concern were noted for the Facility, as described in a May 22, 2019 EPA
Inspection Report (“Inspection Report”), including failure to submit a Risk Management Plan for periods when TDI was allegedly present over the RMP threshold of 10,000 pounds, and some potentially hazardous conditions.
Based on EPCRA Tier II reports submitted in 2016 and 2017, over 10,000 pounds of TDI (mixed isomers) were reported as present at the Facility for use in a process by Respondent in calendar years 2016 and 2017; however, the 2016 and 2017 Tier II forms do not acknowledge the Facility is subject to RMP regulations. On the day of the Inspection in 2018, less than 10,000 pounds of TDI were present.
The former use, handling, and storage of TDI to manufacture growth media trays at the Facility falls within the meaning of a “process” under 40 C.F.R. § 68.3. To manufacture the growth media trays, Respondent combined a peat moss slurry with polyol and TDI in a machine that pumped the mixture through a pouring nozzle and into tray molds that move along a rotary carousel. The mixture hardened into a spongy-type foam material called a seed plug. Filled and hardened trays were then packaged for retail sale. Totes and drums of TDI were stored in a storage cabinet and a chemical storage hut adjacent to the manufacturing area.
The closest “public receptor,” as defined in 40 C.F.R. § 68.3, was less than 0.1 mile from the Facility. The Facility was located within a half-mile of numerous residences and businesses, an elementary school, and an interstate highway (Rt. 1).