EPA v. OCCIDENTAL CHEMICAL CORP (BURLINGTON)

Case summary

THE REGION PROPOSES FILING A CIVIL ACTION PURSUANT TO CAA/113(B), 42 USC 7413(B), AGAINST OCCIDENTAL CHEMICAL CORP. ( OCCIDENTAL ) FOR VIOLATIONS OF CAA SECT. 112 & 114. SECT. 112(C) PROHIBITS EMISSIONS OF HAZARDOUS AIR POLLUTANTS IN EXCESS OF THE STDS PROMULGATED PURSUANT TO 112(B). SECT. 114 REQUIRES THE SUBMISSION OF INFORMATION BY ANY PERSON UPON REQUEST BY EPA. UNDER 112 & 114, EPA HAS PROMULGATED A SERIES OF NESHAPS INCLUDING STDS FOR VINYL CHLORIDE EMIS- SIONS AND RESINS & REPORTING RQRMTS. THESE STDS ARE CODI- FIED AT 40 CFR 61.60 ET. SEQ. OCCIDENTAL IS THE OWNER OF A POLYVINYL CHLORIDE MANUFAC- TURING PLANT IN BURLINGTON, NJ. IAW 40 CFR 61.70, THE CO. IS REQUIRED TO SUBMIT SEMI-ANNUAL REPORTS WHICH IDENTIFY: A) REACTOR OPENING LOSSES & THE EMISSION OF VINYL CHLORIDE FROM EACH PRODUCTION VESSEL; & B) THE VINYL CHLORIDE CONTENT OF THE POLYVINYL CHLORIDE ( PVC ) RESIN FOR EACH DAY. THE REACTOR OPENING LOSS FROM EACH REACTOR SHALL NOT EXCEED 0.02 GRAMS OF VINYL CHLORIDE PER KG OF PVC PRODUCT PURSUANT TO 40 CFR 61.64(E)(1). REGION II HAS REVIEWED THE SEMI-ANNUAL REPORTS SUBMITTED BY OCCIDENTAL FOR THE PERIOD 3/1/80 TO 8/31/84. OCCIDENTAL FAILED TO REPORT REACTOR OPENING LOSSES IN 188 OUT OF 2314 OPENINGS (8.1% NONCOMPLIANCE). THE REACTOR OPENING LOSSES EXCEEDED 0.02 GRAMS OF VINYL CHLORIDE PER KG OF PVC PRODUCT IN 44 OPENINGS OUT OF 2126 MEASURED OPENINGS (2.1% NONCOM- PLIANCE). THE DAILY WEIGHTED AVG. RESIDUAL VINYL CHLORIDE IN PVC RESIN EXCEEDED 400 PPM ON 53 DAYS (3.3% NONCOMPLIANCE). EPA REGION II REQUESTS THAT A CIVIL ACTION BE BROUGHT A- GAINST OCCIDENTAL FOR VIOLATIONS OF CAA 112 & 114 WHICH OC- CURRED DURING THE ABOVE REFERENCED 5 YR. PERIOD. REGION II SEEKS AN INJUNCTION REQUIRING OCCIDENTAL TO TAKE MEASURES NECESSARY TO MEASURE, REPORT, & REDUCE REACTOR OPENING LOSS- ES & TO REDUCE RESIDUAL VINYL CHLORIDE LEVELS TO COMPLY W/ THE STDS. REGION II ALSO RECOMMENDS THAT EPA SEEK $331,000 IN CIVIL PENALTIES. EPA DECIDED TO WITHDRAW REFERRAL PENDING CONTRACTOR'S RE- VIEW OF RELIEF VALVE DISCHARGES; REQUESTED HQ TO APPROVE CONTRACT FOR EXPERT. A NEW REFERRAL WAS SENT 8/30/85 AMENDING THE LITIGATION REPORT SUBMITTED ON 2/19/85. IN ACCORDANCE WITH THE VINYL CHLORIDE NESHAPS ENFORCEMENT STRATEGY MEMO DATED 7/11/84, REGION II IS AMENDING THE LITIGATION REPORT BASED UPON: A) AN EVALUATION OF DISCHARGES OCCIDENTAL REPORTED DURING 9/15/80 THRU 8/15/85, AS REQUIRED BY 40 CFR 61.65(A) & 61.64(A)(3); B) A REVIEW OF SEMI-ANNUAL REPORTS SUBMITTED FOR 3/1/80 THRU 8/31/84, FOR NESHAPS VIOLATIONS IN ADD'N TO THOSE IDENTIFIED IN THE LITIGATION REPORT; C) A REVIEW OF THE MOST RECENT SEMI-ANNUAL REPORT FOR 9/1/84 THRU 2/28/85 FOR VIOLATIONS SIMILAR TO THOSE IDENTIFIED IN THE LIT REPORT & AS IDENTIFIED IN B ABOVE. 08-87: PENALTY PAID 07/28/87

Defendants (2)

• OCCIDENTAL CHEMICAL CORPORATIONNamed in complaintNamed in settlement
• OCCIDENTAL PETROLEUM CORPORATION

Facilities (2)

• GEON COMPANY

  1804 RIVER ROAD, BURLINGTON TOWNSHIP, NJ, 08016

  Registry ID: 110000320947

• GEON COMPANY

  1804 RIVER ROAD, BURLINGTON TOWNSHIP, NJ, 08016

  Registry ID: 110000320947

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• OCCIDENTAL CHEMICAL CORPentered 1987-07-01

  Primary law: CAA

  Federal penalty: $490,000

Timeline (10 milestones)

• 1985-02-19Referred To Headquarters
• 1985-06-07Returned To Region
• 1985-08-30Rereferred
• 1985-09-05Referred To Dept Of Justice
• 1985-09-12Referred TO U.S. Attorney
• 1985-09-16Complaint Filed With Court
• 1987-07-01Concluded
• 1987-07-01Final Order Lodged
• 1987-07-01Final Order Entered
• 1989-08-03Enforcement Action Closed