EPA v. FIRST CHEMICAL CORP.

Case summary

ON OCTOBER 13, 2002, AN EXPLOSION OCCURRED AT APPROX 5:25 A.M. AT THE FIRST CHEMICAL CORPORATION CHEMICAL MANUFACTURING COMPLEX, LOCATED IN PASCAGOULA, MS. THE EXPLOSION INVOLVED A RUNAWAY REACTION OF MONONITROTOLUENE (MNT), THAT OCCURRED AS A RESULT OF THE NEGLIGENCE OF FCC. DEBRIS AND LIQUID MNT FROM THE EXPLODING COLUMN COVERED A ONE SQUARE MILE AREA, INJURED THREE EMPLOYEES, CAUSED THE PUBLIC TO SHELTER-IN-PLACE, LITTERED A PUBLIC HIGHWAY, BROKE WINDOWS, DAMAGED BUSSINESS AND HOUSES, AND STRUCK A 300,000 GALLON PARANITROTOLUENE STORAGE TANK (CAUSING IT TO CATCH FIRE AND BURN). A SIX-TON SECTION OF THE TOWER LANDED IN A POND AT THE CHEVRON REFINERY (NEARLY MISSING A LARGE TANK FARM). IN ADDITION, DEBRIS NEARLY MISSED A 500,000 POUND ANHYDROUS AMMONIA STORAGE TANK AND OTHER CHEMICAL PROCESSING UNITS, PETROLEUM PROCESSING VESSELS, LARGE OIL STORAGE TANKS, CHLORINE CYLINDERS AND SULFURIC ACID TANKS. DUPONT PURCHASED FCC ON NOVEMBER 6, 2002. EPA IS ALLEGING FCC AND DUPONT FAILED TO: (1) IDENTIFY HAZARDS, PERFORM HAZARD ANALYSIS, AND UPDATE THE MSDS FOR MNT; (2) DESIGN A SAFE FACILITY, ISOLATE HEAT SOURCES FROM THE DISTILLATION COLUMN, INSTALL INSTRUMENTATION AND EMERGENCY SYSTEMS, AND HAVE A MAINTENANCE PROGRAM TO MAINTAIN THE MECHANICAL INTEGRITY OF CRITICAL CALVES; AND (3) MINIMIZE THE CONSEQUENCES OF THE RUNAWAY REACTION, AND HAVE OPERATOR TRAINING TO MONITOR THE SHUTDOWN OF THE DISTILLATION COLUMN, IN VIOLATION OF THE GENERAL DUTY CLAUSE OF THE CAA. EPA IS SEEKING A SIGNIFICANT PENALTY, AND FURTHER INFORMATION FROM FCC AND DUPONT THAT WILL CLARIFY WHETHER INJUNCTIVE RELIEF IS STILL NECESSAR On October 13, 2002, a distillation column containing mononitroluene (?MNT?) exploded because a runaway reaction occurred when the MNT reacted violently with steam which had leaked into the distillation column while it was in shutdown status. The top 35 feet of the column blew off and internal packing was expelled, landing all over the ground with many pieces still burning. A large piece of the column weighing over 6 tons traveled 1,500 feet and landed in a pond at the neighboring Chevron refinery. FCC violated the General Duty Clause by failing to: (1) identify hazards associated with its MNT distillation process and (2) design a safe facility which should have included the necessary safeguards, such as procedures to check the integrity of the steam shut off values and designing for critical redundant systems. The CD specifies that FCC will pay a civil penalty of $731,000 and is required to complete an ongoing comprehensive hazard analysis of its MNT process and to implement all recommendations resulting from the analysis.

Defendants (1)

• FIRST CHEMICAL CORP.Named in complaintNamed in settlement

Facilities (4)

• FIRST CHEMICAL CORPORATION

  1001 INDUSTRIAL ROAD, PASCAGOULA, MS, 395813237

  Registry ID: 110014329994

• FIRST CHEMICAL CORPORATION

  1001 INDUSTRIAL ROAD, PASCAGOULA, MS, 395813237

  Registry ID: 110014329994

• FIRST CHEMICAL CORPORATION

  1001 INDUSTRIAL ROAD, PASCAGOULA, MS, 395813237

  Registry ID: 110014329994

• FIRST CHEMICAL CORPORATION

  1001 INDUSTRIAL ROAD, PASCAGOULA, MS, 395813237

  Registry ID: 110014329994

Statutes cited

• CAA 112R — General Duty/Accidental Release
• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause

Enforcement conclusions (1)

• FIRST CHEMICAL CORP. (04-2010-C004)entered 2009-10-16

  Primary law: CAA

  Federal penalty: $731,000

Timeline (6 milestones)

• 2004-06-15Referred To Dept Of Justice
• 2004-06-24Enforcement Action Data Entered
• 2009-08-20Final Order Lodged
• 2009-08-20Complaint Filed With Court
• 2009-10-16Concluded
• 2009-10-16Final Order Entered