Respondent is the owner and operator of a facility. Respondent operates a bulk liquid storage facility and offers a full range of heating, blending, and product services. Various products, such as vegetable oil, chemicals, and petroleum products, are received in tanks for storage and transferred out of the facility to customers. Some of the petroleum products may be considered flammable, so Respondent processes, handles, stores, and transfers out flammable materials at the Facility.
EPA inspected the Facility from July 10-13, 2023, to determine Respondent’s compliance with Section 112(r) of the CAA, and 40 C.F.R. Part 68 (the “Inspection”). During the inspection, EPA determined that IMTT did not have an RMP-listed / regulated chemical on site at the Facility and the inspection was focused on compliance with Section 112(r) of the CAA.
The flammable materials found in tanks at the facility may, as a result of short-term exposures associated with releases to the air, cause death, injury, or property damage due to their flammability or volatility. Accordingly, the flammable material is an “extremely hazardous substance,” within the meaning of the General Duty Clause of Section 112(r)(1) of the CAA.
EPA Findings of Violation