Respondent has a chemical manufacturing process at the Facility, meeting the definition of “process”, as defined by 40 C.F.R. § 68.3. The Facility experienced an accidental release of phosgene on December 4, 2023. Phosgene is a substance listed pursuant to Section 112(r)(3) of the CAA in 40 C.F.R. § 68.130. From the time Respondent first produced, processed, handled, or stored EHS/listed substance at the Facility, Respondent was subject to the requirements of the General Duty Clause in Section 112(r)(1) of the CAA, 42 U.S.C. § 7412(r)(1).
Phosgene is a “regulated substance” pursuant to Section 112(r)(2)(B) of the CAA and the regulation at 40 C.F.R. § 68.3. The threshold quantity for phosgene, as listed in 40 C.F.R. § 68.130, is 500 pounds. Respondent has greater than a threshold quantity of phosgene in a process at the Facility, meeting the definition of “covered process” as defined by 40 C.F.R. § 68.3.
Based upon the information gathered during the Inspection, EPA determined that the respondent violated certain provisions of the CAA.