EPA v. CABOT PERFORMANCE MATERIALS

Case summary

BY LETTER DATED MARCH 13, 2000, CABOT INITIALLY DISCLOSED TO THE ENVIRONMENTAL PROTECTION AGENCY, REGION III (EPA) POTENTIAL VIOLATION SOF THE CLEAN AIR ACT ( CAA ). EPA THEN SENT A REQUEST TO CABOT SEEKING ADDITIONAL INFORMATION REGARDING THE SELF-DISCLOSED VIOLATIONS, TO WHICH CABOT RESPONDED BY LETTER DATED JUNE 30, 2000. THE INFORMATION PROVIDED BELOW WAS OBTAINED FROM EPA'S REVIEW OF THE MARCH 13, 2000, AND THE JUNE 30, 2000 LETTERS. AS PART OF ITS OPERATIONS IN ITS RESEARCH AND DEVELOPMENT PILOT PLANT (BUILDING 98), CABOT OPERATES A HYDROCHLORIC ACID SCRUBBER. THE FEDERALLY ENFORCEABLE STATE OPERATING PERMIT (FESOP) FOR THIS SCRUBBER (PADEP PERMIT NO. 46-313- 006E) REQUIRES, AMONG OTHER THNIGS, CABOT TO MAINTAIN AT LEAST 3 GRAMS OF CAUSTIC PER LITER OF SOLUTION IN THE SCRUBBER AND TO MONITOR THE CAUSTIC LEVELS IN THE SOLUTIONS AT LEAS DAILY. CABOT MAINTAINED A LOG FOR RECORDING INFORMATION CONCERNING OPERATION OF THE SCRUBGER, INCLUDING THE DAILY CAUSTIC LEVELS. WITHIN A FIVE MONTH PERIOD, FROM THE END OF SEPTEMBER 1999 UNTIL THE WEEK OF FEBRUARY 29, 2000, THE SUPERVISOR RESPONSIBLE FOR MONITORING AND RECORDING SCRUBBER PERFORMANCE DATA FAILED TO RECORD THE SCRUBBER SOLUTION CAUSTIC LEVELS FOR APPROXIMATELY 37 DAYS; INSTEAD, THE SUPERVISOR NOTED IN THE LOG THAT THE PRODUCTION UNTI WAS NOT IN OPERATION. THE ACTIVITIES OF THE SUPERVISOR WERE DISCOVERED AS PART OF A ROUNTINE SELF-AUDIT OF THE FACILITY. THE ON-SITE, FIELD INVESTIGATION COMPONENT OF THE AUDIT WAS CONDUCTED FROM FEBRUARY 23, 2000, TO FEBRUARY 25, 2000. THE FIELD INVESTIGATION TEAM REPORTED POTENTIAL DISCREPANCIES WITH THE SCRUBBER LOGS AND INTERNALLY REPORTED THESE FINDINGS ON MARCH 1, 2000. CABOT THEN BEGAN A FULL INVESTIGATION CONCERNING THE SCRUBBER LOGS BETWEEN MARCH 1, 2000 TO MARCH 3, 2000. AS A RESULT OF THE INVESTIGATION THE SUPERVISOR AT ISSUE WAS FIRED.

Defendants (1)

• CABOT PERFORMANCE MATERIALSNamed in complaintNamed in settlement

Facilities (2)

• CABOT CORPORATION

  COUNTY LINE ROAD, BOYERTOWN, PA, 195121608

  Registry ID: 110040906464

• CABOT CORPORATION

  COUNTY LINE ROAD, BOYERTOWN, PA, 195121608

  Registry ID: 110040906464

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• CABOT PERFORMANCE MATERIALentered 2001-05-31

  Primary law: CAA

Timeline (4 milestones)

• 2001-05-15Enforcement Action Data Entered
• 2001-05-31Complaint Filed/Proposed Order
• 2001-05-31Final Order Issued
• 2001-05-31Enforcement Action Closed