EPA v. WESTLAKE NATRIUM LLC (WESTLAKE NATRIUM)

Case summary

The Regional Judicial Officer issued a Final Order on September 14, 2023, accepting the Consent Agreement to commence and settle a penalty action for violations of CAA 112(r)(7) and Part 68 Regulations, by Westlake Natrium LLC, the owner and operator of a chlorine manufacturing facility located at 15696 Energy Road in Proctor, West Virginia. The facility stores as much as 27,000,000 pounds of liquefied chlorine gas in pressurized storage vessels. On July 12, 2020, a diaphragm cell over-pressured due to ignition of an explosive mixture of hydrogen and chlorine during startup, injuring four employees with concussive force, and releasing an estimated 115 pounds of chlorine. In the aftermath of the chlorine release, EPA sent information requests to Westlake Natrium to investigate the facility's compliance with the CAA, CERCLA and EPCRA. EPA determined that Westlake Natrium had violated the requirements of the CAA and the Part 68 Regulations by failing to prepare an adequate process hazard analysis and standard operating procedures. The facility is located in an area of potential EJ concern, with two demographic indicators (below high school education and young population) below state averages and one environmental indicator (particulate matter) around the 80th percentile for the nation. In settlement of the CAA 112(r)(7) violations, Westlake Natrium agreed to pay a cash penalty of $126,122. This case seeks to ensure that facilities that store extremely hazardous substances safely store their chemicals to reduce the likelihood of accidental chemical releases and the resulting potential harm to neighboring communities and the environment, which is especially important in potential EJ areas. The CAA 112(r) program is not delegated to West Virginia, but West Virginia has been notified of this action and has not raised any objections.

Defendants (1)

• WESTLAKE NATRIUM, LLCNamed in complaintNamed in settlement

Facilities (4)

• WESTLAKE NATRIUM LLC, WESTLAKE NATRIUM

  15696 ENERGY ROAD, PROCTOR, WV, 26055

  Registry ID: 110000875367

• WESTLAKE NATRIUM

  15696 ENERGY ROAD, PROCTOR, WV, 26055

  Registry ID: 110000875367

• WESTLAKE NATRIUM

  15696 ENERGY ROAD, PROCTOR, WV, 26055

  Registry ID: 110000875367

• WESTLAKE NATRIUM LLC, WESTLAKE NATRIUM

  15696 ENERGY ROAD, PROCTOR, WV, 26055

  Registry ID: 110000875367

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)
• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause

Enforcement conclusions (1)

• WESTLAKE NATRIUM LLC (WESTLAKE NATRIUM)entered 2023-09-14

  Primary law: CAA

  Federal penalty: $126,122

Timeline (4 milestones)

• 2023-09-14Complaint Filed/Proposed Order
• 2023-09-14Final Order Issued
• 2023-09-18Enforcement Action Closed
• 2023-09-19Enforcement Action Data Entered