Respondent is the owner and operator of a chemical wholesale distributor that repackages and custom-blends chemicals. Respondent formulates two mixes, paper adhesives and lacquer thinners, for sale. Respondent currently operates lacquer thinner mixing and flammable liquid storage systems at the Facility. With regard to the lacquer thinner mixing and flammable liquid storage systems, Respondent produces, processes, handles and/or stores bulk quantities of the following extremely hazardous substances: 100 Solvent, 140 Solvent, 150 Solvent, Acetone, Butyl Acetate, Diesel, Ethyl Alcohol (ETOH), Isopropyl Alcohol (IPA), Methyl Ethyl Ketone (MEK), Methanol, Mineral Spirits, Toluol (toluene), Varnish Makers & Painters Petroleum Naphtha (VM&P), and Xylol at the Facility. Each of these substances is an “extremely hazardous substance” within the meaning of the General Duty Clause of Section 112(r)(1) of the CAA.
On April 29, 2021, a fire occurred in the Facility’s “Mixing Building,” where one of Respondent’s employees was working to produce an adhesive product in a large mixer. According to reports to the St. Louis County Hazardous Materials Team and statements to EPA, the product at that stage is extremely flammable and the employee reported that static electricity ignited the substance and the fire spread quickly, engulfing the entire building.