EPA v. FORMOSA PLASTIC CORPORATION

Case summary

a. Clean Air Act: Formosa, as a polyvinyl chloride plant emitting more than ten tons of vinyl chloride per year, is subject to the PVC MACT. 40 C.F.R. Section 63.211(a). See Annual Emission Statement to the State of Delaware. Attachment 4. Formosa is also required to meet the standards of 40 C.F.R. Part 61, Subpart F Section National Emission Standard for Vinyl Chloride (Vinyl Chloride NESHAP). 40 C.F.R. Section 63.214(a). Moreover, where the Vinyl Chloride NESHAP references 40 C.F.R. Part 61, Subpart V Section National Emission Standard for Equipment Leaks (Fugitive Emission Sources), an existing source must comply with either the provisions of 40 C.F.R. Part 63, Subpart UU Section National Emission Standards for Equipment Leaks - Control Level 2 Standards, or the provisions of 40 C.F.R. Part 61, Subpart V. Pursuant to 40 C.F.R. ?? 63.215(a), all provisions of 40 C.F.R. Part 61, Subpart A Section General Provision apply to the PVC MACT. 1. CAA-Test Method: Formosa operates its non-bulk resin reactors as strippers in conjunction with a vinyl chloride recovery system choosing to comply with the vinyl chloride emission standard as provided under 40 C.F.R. Section 61.64(f). Attachment 5. Formosa is required to use Method 107 to determine vinyl chloride emissions when a stripping operation is used to attain the emissions limit in 40 C.F.R. Section 61.64(f). 40 C.F.R. Section 61.67(g)(3). EPA inspectors observed the plant operator obtain a sample of Batch 549, F-39 product in reactor SR 405 used in part to determine compliance with 40 C.F.R. Section 61.64(f). Formosa failed to follow the protocols of Method 107. Specifically, Formosa failed to use the proper type of sample bottle; failed to wrap adhesive tape around the cap and bottle of the sample; failed to place a label on each sample bottle indicating the time the sample was taken; failed to record the time the sample was taken in a log book; failed to refrigerate the sample; and failed to calibrate the gas chromatograph when the daily standard is not within 5% of the four point calibration curve. Attachment 5. Formosa has also chosen to use Method 107 to determine compliance with the in-process wastewater limit, as allowed in 40 C.F.R. Section 61.67(g)(2). Formosa samples in-process wastewater from the outlet of the strippers in the vinyl chloride recovery sections. Formosa uses the same improper calibration techniques for the gas chromatographs when analyzing in-process wastewater samples and RVCM samples. Attachment 5. 2. CAA-Sampling Method: 40 C.F.R. Section 61.67(g)(3)(ii) provides that each Method 107 sample is to be taken immediately following the stripping operation when determining compliance with the vinyl chloride emission standard found at 40 C.F.R. Section 61.64(f). EPA inspectors observed the manufacturing of product Batch 549, F-39 in reactor SR 405, which required additional PVC seed resin to be added after the stripping process was completed. EPA inspectors observed the additional PVC seed resin was added before the Method 107 sample was taken. The Method 107 sample used in part to determine compliance with 40 C.F.R. Section 61.64(f) was not taken immediately after the stripping operation. Attachment 5. 3. CAA-Exceedances of the vinyl chloride emission standard: Formosa manufactures dispersion polyvinyl chloride, operates its reactors as strippers, and has elected to comply with the vinyl chloride emission standard of 2.02 g/kg of polyvinyl chloride product found at 40 C.F.R Section 61.64(f)(1)(i). Attachment 5. EPA inspectors reviewed Formosa's records for batch recipes and combined residual vinyl monomer/reactor opening loss (Section RVCM/ROL's) data sheet records from December 2000 through November 2002. Based upon EPA's review of selected facility records, Formosa exceeded the vinyl chloride emission standard 2.02 g/kg for polyvinyl product seven times (six in the E-2 plant, one in the

Defendants (1)

• FORMOSA PLASTIC CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• FORMOSA PLASTICS CORPORATION

  780 SCHOOLHOUSE ROAD, DELAWARE CITY, DE, 197060320

  Registry ID: 110000338536

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 304 — Emergency Release Notification Section 313 Program
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• CWA 311J — SPCC and/or Federal Response Plan Violations
• CWA 301/402 — NPDES Permit Violations
• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• CAA 112E — MACT Adoption Schedule

Enforcement conclusions (1)

• FORMOSA PLASTIC CORPORATIONentered 2005-11-08

  Primary law: CAA

  Federal penalty: $225,000 · State/local: $225,000 · SEP: $842,847

Timeline (8 milestones)

• 2004-06-28Referred To Dept Of Justice
• 2004-06-30Enforcement Action Data Entered
• 2005-06-28Final Order Lodged
• 2005-06-28Complaint Filed With Court
• 2005-11-08Final Order Entered
• 2006-11-21Supplemental Referral to DOJ for Consent Decree Enforcement-Sent
• 2011-03-29Demand for Stipulated Penalties
• 2018-08-23Enforcement Action Closed