Respondent owns and operates an adhesive and sealant manufacturing facility, which employs about 30 persons, is one of several plants that Respondent operates nationwide with about 45,000 employees worldwide. In the Facility’s manufacturing processes, the facility uses various highly flammable and/or toxic chemicals that are stored in outdoor tanks ranging in size from about 5,000 to 10,000 gallons each. The Facility is located in a commercial/light industrial area within one-half mile of numerous businesses, a children’s swim school, a church, a delicatessen, and residential homes.
On May 22, 2018, EPA Region 1 inspectors conducted a CAA Section 112(r) compliance evaluation inspection at the Facility. On January 29, 2019, EPA Region 1 issued a Notice of Potential Violation letter regarding potential GDC and RMP Rules violations at the Facility.
ALLEGED GDC VIOLATIONS
The Facility handles and stores toluene, methyl acetate, acetone, mineral spirits, methyl ethyl ketone, methylene chloride, and methylene diphenyl diisocyanate (“MDI”). Because of flammability and/or toxicity, these chemicals are “extremely hazardous substances” under the General Duty Clause.
The Facility stores the above-described GDC chemicals in outdoor horizontal and vertical storage tanks (“GDC storage tanks”) ranging in size from about 5,000 to 10,000 gallons. GDC chemicals are transported through piping from the GDC storage tanks to other parts of the Facility.
The GDC storage tanks and associated piping are subject to the General Duty Clause.