EPA v. OLIN CORPORATION

Case summary

THIS IS A PROPOSED CIVIL ACTION AGAINST OLIN CORPORATION TO OBTAIN CIVIL PENALTIES FOR SEVERAL VIOLATONS OF THE NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAP), 40 C.F.R. PART 61, SUBPART A - GENERAL PROVISIONS AND SUBPART E-NATIONAL EMISSION STANDARD FOR MERCURY. THIS CASE INVOLVES THE CHARLESTON, BRADLEY COUNTY, TENNESSEE, CHLORINE PRODUCTION FACILITY OWNED AND OPERATED BY OLIN. BASED ON INSPECTIONS CONDUCTED BY EPA AND INFORMA- TION GAINED FROM THE DEFENDANT, IT WAS DETERMINED THAT OLIN CORPORATION FAILED TO ABIDE BY THE GOOD-HOUSEKEEPING PRACTICES REFERENCED IN 40 C.F.R. SECTION 61.53. THE NESHAP MERCURY STANDARDS REGULATE THE AMOUNT OF MERCURY EMISSIONS ALLOWABLE FROM THE CHLOR-ALKALI CELL ROOM PROCESS USED IN THE MANUFACTURE OF CHLORINE. THE SPECIFIC VIOLATIONS WERE: 1) ON AUGUST 22, 1988, OLIN FAILED TO CONTAIN ELEMENTAL MERCURY SPILLS DURING THE MAINTENANCE PROJECT IN ITS E-182 CELL ROOM; 2) AN EPA DECEMBER 13, 1988, INSPECTION OF THE CELL ROOM FOUND THE CELL FLOOR BADLY CRACKED AND MERCURY DROPLETS WERE FOUND IN SEVERAL OF THE CRACKS AND FLOOR SEAMS; 3) OLIN CORPORATION FAILED TO RECORD THE AUGUST 22, 1988 MERCURY SPILL; 4) OLIN CORPORATION FAILED TO MAKE TIMELY LEAK REPAIRS IN THE CELL ROOM BUILDING; AND 5) OLIN CAUSTIC HEADER PIPE IN THE CELL ROOM. EPA IS SEEKING INJUNCTIVE RELEIF AND PENALTIES FOR THE PAST VIOLATIONS. THIS IS THE INITIAL NESHAP MERCURY CIVIL ENFORCEMENT ACTION WHICH PRESENTS SIGNIFICANT NATIONAL AND LEGAL PREDEDENTS BECAUSE OF LITIGATION/SETTLEMENT DEVELOPMENT AND RESULTING EFFECTS ON SUBSEQUENT NESHAP MERCURY ENFORCEMENT.

Defendants (1)

• OLIN CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• OLIN CORPORATION

  1186 LOWER RIVER RD., CHARLESTON, TN, 37310

  Registry ID: 110000371204

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• OLIN CORPORATION (04-1994-C012)entered 1994-06-09

  Primary law: CAA

  Federal penalty: $1,000,000

Timeline (7 milestones)

• 1988-12-13Enforcement Action Data Entered
• 1990-03-26Referred To Dept Of Justice
• 1994-06-09Final Order Lodged
• 1994-06-09Final Order Entered
• 1994-06-09Complaint Filed With Court
• 1994-06-09Concluded
• 2001-08-29Enforcement Action Closed