EPA v. WESTLAKE VINYLS, INC.

Case summary

2/24/11 - The U.S. Environmental Protection Agency and Commonwealth of Kentucky have settled an enforcement action against a Kentucky-based manufacturer of polyvinyl chloride and related chemicals. The Consent Decree resolves claims alleged in a complaint filed in September 2010 and was entered on February 23, 2011, in the U.S. District Court Western District of KY, in Paducah. EPA?s complaint alleged that Westlake Vinyls violated the Clean Air Act; the Resource Conservation and Recovery Act; the Clean Water Act; the Emergency Planning and Community Right-to-Know Act; and the Comprehensive Environmental Response, Compensation, and Liability Act as a result of emissions and releases of benzene and vinyl chloride and related chemicals at two facilities. Westlake Vinyls, Inc. operates a facility in Calvert City, KY that manufactures synthetic organic chemicals, and makes as a product or a co-product vinyl chloride, butadiene, benzene and ethylene dichloride. Westlake PVC Corporation makes poly vinyl chloride at a nearby facility that is connected to Westlake Vinyls, Inc. by a pipe. Westlake Vinyls agreed to pay a civil penalty of $800,000, of which $687,500.00 will be apportioned to EPA, $12,500 to the Oil Spill Liability Trust Fund, and the remaining $100,000 to the Commonwealth of Kentucky. EPA estimates that there will be a substantial reduction in air pollutant emissions under the terms of the Consent Decree. The settlement requires Westlake Vinyls to monitor and control its various waste streams for benzene and vinyl chloride, and to implement leak detection and elimination plans for both chemicals. The Consent Decree also calls for the company to implement an air monitoring program, and establish training procedures to ensure that all personnel are adequately trained, and to establish standard operating procedures; and to update its Spill Prevention Control and Countermeasures Plan.

Defendants (2)

• WESTLAKE VINYLS, INC.Named in complaintNamed in settlement
• WESTLAKE PVC CORPORATIONNamed in complaintNamed in settlement

Facilities (7)

• WESTLAKE (PVC) ENERGY CORPORATION

  230 JOHNSON RILEY ROAD, CALVERT CITY, KY, 42029

  Registry ID: 110000552599

• WESTLAKE VINYLS INC

  2468 INDUSTRIAL PKWY, CALVERT CITY, KY, 42029

  Registry ID: 110027373072

• WESTLAKE VINYLS INC

  2468 INDUSTRIAL PKWY, CALVERT CITY, KY, 42029

  Registry ID: 110027373072

• WESTLAKE VINYLS INC

  2468 INDUSTRIAL PKWY, CALVERT CITY, KY, 42029

  Registry ID: 110027373072

• WESTLAKE VINYLS INC

  2468 INDUSTRIAL PKWY, CALVERT CITY, KY, 42029

  Registry ID: 110027373072

• WESTLAKE VINYLS INC

  2468 INDUSTRIAL PKWY, CALVERT CITY, KY, 42029

  Registry ID: 110027373072

• WESTLAKE VINYLS INC

  2468 INDUSTRIAL PKWY, CALVERT CITY, KY, 42029

  Registry ID: 110027373072

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• CWA 311J — SPCC and/or Federal Response Plan Violations
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• EPCRA 304 — Emergency Release Notification Section 313 Program
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• CWA 301 — NPDES Discharge without a Permit
• CWA 311F — Oil Removal Cost Recovery
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• CWA 311B — Oil & Hazardous Substances Discharge
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• WESTLAKE VINYLS, INC. (04-2011-C009)entered 2011-02-24

  Primary law: CAA

  Federal penalty: $700,000 · State/local: $100,000

Timeline (8 milestones)

• 2003-06-02PRN Sent
• 2003-08-27Referred To Dept Of Justice
• 2003-09-10Enforcement Action Data Entered
• 2003-09-30Supplemental Referral-Other
• 2010-09-14Complaint Filed With Court
• 2010-09-17Final Order Lodged
• 2011-02-24Final Order Entered
• 2011-02-24Concluded