EPA v. ROHM & HAAS COMPANY

Case summary

THE VIOLATIONS DESCRIBED IN THIS REFERRAL WERE IDENTIFIED DURING A MULTI-MEDIA COMPLIANCE INVESTIGATION. THE INVESTIGATION WAS CONDUCTED ON JULY 6-15,2004, BY THE NATIONAL ENFORCEMENT INVESTIGATIONS CENTER (NEIC), AT THE REQUEST OF EPA REGION 4. BASED ON NEIC'S INVESTIGATION, THE FOLLOWING VIOLATIONS WERE IDENTIFIED: 1. SECTION 110 (STATE IMPLEMENTATION PLANS FOR NATIONAL PRIMARY AND SECONDARY AMBIENT AIR QUALITY STANDARDS) OF THE CAA, BY VIOLATING SECTIN 182(b) (PLAN PROVISIONS FOR REASONABLE FURTHER PROGRESS) OF THE CAA, AND LOUISVILLE METROPOLITAN AIR POLLUTION CONTROL DISTRICT (APCD) REGULATION 6.43, SECTION 18; 2. SECTION 111 (STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES) OF THE CAA, AND 40 CFR PART 60, SUBPART Db (STANDARDS FOR INDUSTRIAL-COMMERCIAL-INSTITUTIONAL STEAM GENERATING UNITS); 3. SECTION 112 (HAZARDOU AIR POLLUTANTS) OF THE CAA, AND 40 CFR PART 63, SUBPARTS G (SYNTHETIC ORGANIC CHEMICAL MANUFACTURING INDUSTRY), DD (OFF-SITE WASTE AND RECOVERY OPERATIONS) AND JJJ (GROUP IV POLYMERS AND RESINS; AND 4. SECTION 608 (STRATOSPHERIC OZONE PROTECTION) OF THE CAA, AND 40 CFR PART 82, SUBPART F (RECYCLING AND EMISSIONS REDUCTION). DEFENDANT: ROHM & HAAS COMPANY (RHC). RHC IS A SPECIALTY MATERIALS COMPANY, HEADQUARTERED IN PHILADELPHIA, PENNSYLVANIA, WITH ANNUAL SALES REVENUE OF APPROX $7 BILLION. THE LOUISVILLE PLANT WAS ORIGINALLY PART OF A U.S. GOV'T OWNED RUBBER PRODUCTION CENTER, BUILT DURING THE EARLY 1940's. RHC BOUGHT THE PLANT IN 1960 AND RETOOLED IT FOR THE PRODUCTION OF ITS PRODUCTS. AT THE LOUISVILLE FACILITY, RHC MANUFACTURES A VARIETY OF POLYMERS FROM BUTADIENE, STYRENE, METHYL METHACRYLATE, ETHYL ACRYLATE, AND BUTYL ACRYLATE, SOME OF WHICH ARE KNOW CARCINOGENS. IN ADDITION, RHC DISTILLS CRUDE METHYL METHACRYLATE AND MONOMERS FOR USE WITHIN THESE PROCESSES. RELIEF REQUESTED: EPA IS REQUESTING BOTH INJUNCTIVE RELIEF AND PENALTIES FOR THESE VIOLATIONS. THE INJUNCTIVE RELIEF SOUGHT REQUIRES RHC TO DEMONSTRATE COMPLIANCE WITH CERTAIN CAA REQUIREMENTS BY TESTING AND REPAIRING EQUIPMENT AND UPDATING RECORDKEEPING SYSTEMS. EPA WILL WORK WITH DOJ TO DEVELOP AN APPROPRIATE PENALTY CALCULATION; HOWEVER, A PRELIMINARY ANALYSIS INDICATES THAT THE GRAVITY PENALTY IS $940,500. NO SPECIAL FACTS OR CIRCUMSTANCE

Defendants (1)

• ROHM & HAAS CHEMICALS, LLCNamed in complaint

Facilities (1)

• ROHM & HAAS KENTUCKY, INC

  4300 CAMP GROUND RD, LOUISVILLE, KY, 40216-4604

  Registry ID: 110000378555

Statutes cited

• CAA 112 — Hazardous Air Pollutants
• CAA 608 — National Recycling & Emission Reduction Program
• CAA 111 — New Source Performance Standards
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Timeline (4 milestones)

• 2005-06-30Referred To Dept Of Justice
• 2005-07-08Enforcement Action Data Entered
• 2008-04-18Complaint Filed With Court
• 2008-06-12Enforcement Action Closed