EPA v. WESTLAKE VINYLS, INC.

Case summary

8/4/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $37,500. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: BASED ON AN RMProgram COMPLIANCE MONITORING INSPECTION CONDUCTED ON NOVEMBER 9, 10, AND 11, 2010, THE EPA ALLEGES THAT THE RESPONDENT VIOLATEDTHE CODIFIED RULES GOVERNING THE CAA CHEMICAL ACCIDENT PREVENTION PROVISIONS, BECAUSE RESPONDENT DID NOT ADEQUATELY IMPLEMENT A PROVISION OF 40 CFR PART 68 WHEN IT: FAILED TO DOCUMENT PERSONS RESPONSIBLE FOR IMPLEMENTING INDIVIDUAL REQUIREMENTS, AND DEFINED LINES OF AUTHORITY THROUGH AN ORGANIZATION CHART OR SIMILAR DOCUMENT AS REQUIRED BY 40 CFR SECTION 68.15(c); FAILED TO MAINTAIN PIPING AND INSTRUMENT DIAGRAM (P&ID)# G-22533 AS CURRENT AS REQUIRED BY 40 CFR SECTION 68.65(d)(1)(ii); FAILED TO ENSURE THAT PHA CHECKLISTS WERE COMPLETED BY A TEAM AS REQUIRED BY 40 CFR SECTION 68.67(d); FAILED TO DEVELOP AND IMPLEMENT WRITTEN OPERATING PROCEDURES THAT ADDRESS EMERGENCY OPERATIONS AND ALL OPERATING LIMITS RELATED TO CONSEQUENCES OF DEVIATION AND STEPS REQUIRED TO CORRECT OR AVOID DEVIATION ASSOCIATED WITH OPERATION OF THE CHLORINE COMPRESSION SYSTEM (PIC-2718 HIGH PRESSURE ALARM) AND THE HTDC REACTOR SHUTOFF VALVES ES-4315 (LIQUID CHLORINE FEED LINE) AND ES-4316 (ETHYLENE FEED LINE) AS REQUIRED BY 40 CFR SECTION 68.69(a)(10(v) AND 40 CFR SECTION 68.69(a)(2)(i)&(ii); FAILED TO ANNUALLY CERTIFY THAT ITS OEPRATING PROCEDURES ARE CURRENT AND ACCURATED AS REQUIRED BY 40 CFR SECTION 68.69(c); FAILED TO CERTIFY THAT IT HAS EVALUATED COMPLIANCE WITH THE PROVISIONS OF 40 CFR PART 68 AT LEAST EVERY THREE YEARS TO VERIFY THAT PROCEDURES AND PRACTICES DEVELOPED UNDER 40 CFR PART 68 ARE ADEQUATE AND ARE BEING FOLLOWED AS REQUIRED BY 40 CFR SECTION 68.79(a); FAILED TO INVESTIGATE EACH INCIDENT WHICH RESULTED IN, OR COULD REASONABLE HAVE RESULTED IN A CATASTROPHIC RELEASE OF A REGULATED SUBSTANCE AS REQUIRED BY 40 CFR SECTION 68.81(a); FAILED TO PREPARE AN INVESTIGATION REPORT FOR EACH INCIDENT WHICH RESULTED IN OR COULD REASONABLY HAVE RESULTED IN A CATASTROPHIC RELEASE OF A REGULATED SUBSTANCE AS REQUIRED BY 40 CFR SECTION 68.81(d); AND FAIELD TO MAINTAIN RECORDS OF ALL REPORTS FOR EACH 40 CFR SECTION 78.81 INCIDENT INVESIGATION FOR A FIVE YEAR PERIOD AS REQUIRED BY 40 CFR SECTION 68.200.

Defendants (1)

• WESTLAKE VINYLS, INC.Named in complaintNamed in settlement

Facilities (6)

• 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

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

Enforcement conclusions (1)

• WESTLAKE VINYLS, INC.entered 2011-08-04

  Primary law: CAA

  Federal penalty: $37,500

Timeline (4 milestones)

• 2011-08-04Complaint Filed/Proposed Order
• 2011-08-04Final Order Issued
• 2011-08-10Enforcement Action Data Entered
• 2011-09-06Enforcement Action Closed