This is an interesting case, with EPA laying claim that although the chemical Toluene is NOT listed as an Extremely Hazardous Substance (EHS) in either the RMP or EPCRA rule it is still an EHS and the Clean Air Act’s RMP General Duty Clause applies to it. EPA wins this case, but the argument the facility puts forth is compelling and thus this decision provides MUCH INSIGHT into EPA’s position on enforcing their General Duty Clause, even to chemicals that are NOT listed as an EHS. The incident that brought about this case was a chemical process that suffered an explosion within the toluene tank. NOTE: I have condensed this decision down quite a bit by cutting out all the legal references as this is meant to be a look into the RMP GDC and not legal proceedings.