NOTE: I usually do not post RMP citations with this small of an amount, but this was a rare Program 1 citation, so I felt there was some learning to this.
Respondent operates a polyurethane manufacturing facility with over 10,000 pounds of methyl formate in a process at the Facility. Methyl formate is a “regulated substance” pursuant to 40 C.F.R. § 68.3. The threshold quantity for methyl formate, as listed in 40 C.F.R. § 68.130, is 10,000 pounds. On June 10, 2021, representatives of the EPA conducted an inspection of the Respondent’s Facility to determine compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68. Information gathered during the EPA inspection revealed that the Respondent had greater than 10,000 pounds of methyl formate in a process at the Facility.
From the time Respondent first had onsite greater than 10,000 pounds of methyl formate in a process, Respondent was subject to Program 1 prevention program requirements because pursuant to 40 C.F.R. § 68.10(g), the process had not had an accidental release in the five years prior to submission of an RMP that led to either death, injury, or response or
restoration activities; the distance to a toxic or flammable endpoint for a worst-case release is less than the distance to any public receptor, and emergency response procedures have been coordinated between the stationary source and local emergency planning and response organizations.
Allegations of Violation