PLEASE NOTE this case is significant in that many facilities in the OSHA arena will EXEMPT their “methanol” from PSM coverage using the “Atmospheric Storage Tank” exemption (e.g. 1910.119(a)(1)(ii)(B) or called the “Meer Decision”). EPA couldn’t care less about this OSHA exemption, as is evident in this case! There is NO EPA RMP exemption for flammable liquids stored in an ATM tank that are kept below their boiling point without the aid of refrigeration/chilling… just so we are crystal clear. Methanol is a LISTED Extremely Hazardous Substance (EHS) and thus the CAA General Duty Clause can be used to enforce good engineering practices, ESPECIALLY when you have a 7,000-gallon spill! It is TRUE that “methanol” is NOT an RMP Listed Flammable, but it is an EHS and thus the CAA GDC can (and will be) apply. Respondent stores and handles methanol, an extremely hazardous substance, at its windshield wiper fluid manufacturing facility. At the time of EPA ‘s 2016 and 2017 inspections of the Facility, more than 10,000 pounds of methanol were present at the Facility. The Facility ‘s 2012 Tier 2 Inventory Form stated that the Facility had an average of 300,000 pounds and a maximum of 483,000 pounds of methanol at any one time. The EPA inspection uncovered the following concerns:
- failure to identify hazards which may result from accidental releases of extremely hazardous substances, in violation of the General Duty Clause, Section 112(r)(1) of the CAA;
- failure to design and maintain a safe facility, taking such steps as are necessary to prevent such releases, in violation of the General Duty Clause, Section 112(r)(1) of the CAA;
- failure to minimize the consequences of accidental releases, should they occur, in violation of the General Duty Clause, Section 112(r)(1) of the CAA; and
- failure to timely submit hazardous chemical inventory forms to the proper authorities, in violation of Section 312(a) of EPCRA, and its implementing regulations at 40 C.F.R. Part 370.
On January 27, 2016, EPA received notice from a state Department of Environmental Protection (“XXDEP”) that there was a 7,000-gallon spill of methanol during a tanker truck to railcar product transfer at the Facility (“2016 Methanol Spill”). The rail car was located within six feet of the facility and was used as a methanol storage tank for Respondent’s WINDSHIELD WIPER FLUID MANUFACTURING PROCESS. EPA, XXDEP, and local fire department responders assisted with the response to the spill. Respondent notified its hazardous materials cleanup agent, XXXXXXXX, of the spill, and XXXXXXXXXX performed the cleanup within hours of the spill. The cleanup was completed on January 27, 2016, and Respondent performed confirmation sampling in the spill area after the cleanup to ensure that all methanol was removed. The release was caused when a delivery of methanol from a tanker truck was mistakenly pumped onto the ground through a DISCONNECTED HOSE RATHER THAN TO THE INTENDED LOCATION, a railcar.
NOTE: A 75% water, 25% methanol mixture remains a flammable liquid.