Respondent is the owner and operator of a facility where on October 13, 2019, there was an incident at the Facility that resulted in an accidental release. On April 4, 2020, the EPA requested, and Respondent provided, documentation and information concerning the Incident and Respondent’s compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68. Corroded piping caused a leak of approximately 258 lbs of a mixture of extremely hazardous chemicals that were released to the air and ground.
Respondent operates a large chemical production facility that includes at least two hydrocarbon cracking units, described as HCC3 and HCC3A. The material supply lines for HCC3 and HCC3A can be interconnected with an interplant transfer line such that the inputs for HCC3 and HCC3A can be directed into either unit. The supply lines, interplant transfer line, and HCC3 and HCC3A units at the Facility, meet the definition of ” process”, as defined by 40 C.F.R. § 68.3; the precise extent of the process appears to vary based on configuration, but on occasion includes both supply systems and a single hydrocarbon cracking unit.
Of the chemicals released during the incident from the interplant transfer line, at least 14, including ethylene and propylene, are ” regulated substances” pursuant to 40 C.F.R. § 68.3. The threshold quantity for these regulated substances, as listed in 40 C.F.R. § 68.130 is 10,000 pounds. Respondent’s RMP indicates amounts of propylene and ethylene in greater than threshold quantities in the HCC3 and HCC3A processes at the Facility, meeting the definition of “covered process” as defined by 40 C.F.R. § 68.3.