EPA v. WESTLAKE VINYLS, INC.

Case summary

6/25/2019 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $48,968, DUE WITHIN 30 DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP. ALLEGATIONS: EPA BEGAN AN INVESTIGATION INTO RELEASE OF HAZ CHEMICALS AT RESPONDENT'S CALVERT CITY, KY, OPERATION AFTER EPA RECEIVED A REFERRAL FROM KY DEP CONCERNING A SEPT 12, 2011, RELEASE OF 11,000 POUNDS OF VINYL CHLORIDE. IN A CAA 144 LETTER, DATED MAR 15, 2016, EPA REQUESTED RESPONDENT PROVIDE INFO ON ALL CHEMICAL RELEASES OCCURRING AFTER JAN 1, 2011, THAT THE RESPONDENT REPORTED TO THE NATIONAL RESPONSE CENTER, AND/OR THE STATE EMERGENCY RESPONSE COMMISSION AND THE LOCAL EMERGENCY PLANNING COMMITTEE. IN ITS RESPONSE, IN ADDITION TO THE SEPT 12, 2011 VINYL CHLORIDE RELEASE, RESPONDENT PROVIDE INFO ON REPORTABLE RELEASES OCCURRING ON APR 11, 2011; APR 25, 2012; AUG 22, 2013, AND JUNE 20, 2014. ON APRIL 11, 2011, AN ACCIDENTIAL RELEASE OF IVNYL CHLORIDE OCCURRED DUE TO A VALVE FAILURE ON WESTLAKE'S #2 QUENCH BOTTOMS LINE. RESPONDENT HAD CONDUCTED NON-DESTRUCTING TESTING (NDT) ON RELATED PIPING BUT HAD NOT BEEN PERFORMING NDT ON THE VALVES. ADDITIONALLY, RESPONDENT DID NOT FOLLOW MGMT OF CHANGE (MOC) PROCEDURES WHEN CHANGES WERE MADE TO THE MATERIAL OF CONSTRUCTION OF THE PIPING SYSTEM. ON SEPT 12, 2011, AN ACCIDENTAL RELEASE OF VINYL CHLORIDE AND 1,2-DICHLOROETHANE OCCURRED AT THE NORTH CRACKING HCL COLUMNS BOTTOMS LINE WHEN A PIPING ELBOW FITTING FAILED. RESPONDENT HAD NOT BEEN PERFORMING NDT ON SUCH PIPING. ADDITIONALLY, RESPONDENT FAILED TO IDENTIFY, EVALUATE AND CONTROL THE HAZARDS ASSOCIATED WITH TURBULENT FLOW, EVEN THOUGH THIS AREA OF PIPING WAS SUBJECT TO HIGH TURBULENT FLOW. FINALLY RESPONDENT FAILED TO PERFORM INSPECTIONS AND TESTING IN THIS AREA OF PIPING TO ENSURE PROCESS MECHANICAL INTEGRITY. ON APR 25, 2012, AN ACCIDENTAL RELEASE OF VINYL CHLORIDE AND 1,2-DICHLOROETHANE OCCURRED DURING STARTUP OF #13 FURNACE AND #7 QUENCH AFTER ROUTING MAINTENANCE. FACTORS CONTRIBUTING TO THE RELEASE INCLUDED OPERATOR ERROR AND RESPONDENT'S FAILURE TO CONSIDER DIFFERENCES IN THE DESIGN SPECIFICATIONS AND MATERIALS OF CONSTRUCTION WHEN A GASKET WAS REPLACED AS PART OF A MAINTENANCE PROCESS. RESPONDENT FAILED TO IMPLEMENT MOC PROCEDURES FOR THE GASKET, DID NOT PERFORM AN INSPECTION OR TESTING ON PIPING IN THIS AREA TO ENSURE MECHANICAL INTEGRITY AND FAILED TO DOCUMENT ALL THE FACTORS THAT CONTRIBUTED TO THE INCIDENT. ON AUG 22, 2013, AN ACCIDENTAL RELEASE OF CHLORINE OCCURRED IN WESTLAKE'S VCL TANK FARM (I.E., CHLORINE BULLET AREA) WHEN A RUPTURE DISC FAILED FOUR DAYS AFTER IT HAD BEEN INSTALLED. FACTORS CONTRIBUTING TO THE RELEASE INCLUDED RESPONDENT'S FAILURE TO CONDUCT TEST AND INSPECTION TO DETERMINE WHETHER A REQUIRED FITTING PLUG HAD BEEN INSTALLED IN THE NEW RUPTURE DISC HOLDER ASSEMBLY. ON JUNE 20, 2014, AN ACCIDENTAL RELEASE OF 1,2-DICHLOROETHANE AND VINYL CHLORIDE OCCURRED ON WESTLAKE'S EAST CRACKING #4 QUENCH BOTTOMS PIPING. RESPONDENT HAD PERFORMED NDT ON QUENCH BOTTOM PIPING BUT DID NOT PERFORM NDT ON DRAW OFF LINES IMMEDIATELY FOLLOWING WHICH ARE SUBJECTED TO TURBULENT FLOW. ADDITIONALLY, RESPONDENT FAILED TO IDENTIFY, EVALUATE AND CONTROL THE HAZARDS ASSOCIATED WITH TURBULENT FLOW. EPA'S NEIC CONDUCTED AN ONSITE INSPECTION AT WESTLAKE VINYLS, INC., ON DEC 8-11, 2015, TO DETERMINE THE RESPONDENT'S COMPLIANCE WITH THE CAA'S CHEMICAL ACCIDENT PREVENTION PROVISIONS. AT THE TIME OF THE INPSECTION, RESPONDENT'S NDT DID NOT FOLLOW API RECOMMENDED PRACTICE 574. THIS API ESTABLISHES THAT NON-DESTRUCTIVE INSPECTION/TESTING MUST BE REPEATED AT SPECIFIED CONDITION (OR THICKNESS) MONITORING LOCATIONS (CMLs). THE CMLs ARE DESIGNATED LOCATIONS (I.E., KNOWN/SPECIFIED EXAMINATION POINTS) SO DESIGNATED FOR THE PURPOSE OF REPETITIVE THICKNESS EXAMINATIONS OVER TIME ON PRESSURE VESSELS AND PIPING TO MONITOR THE PRESENCE AND RATE OF DAMAGE AND CORROSION.

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 2019-06-25

  Primary law: CAA

  Federal penalty: $48,968 · SEP: $183,500

Timeline (4 milestones)

• 2019-06-25Final Order Issued
• 2019-06-25Complaint Filed/Proposed Order
• 2019-07-01Enforcement Action Data Entered
• 2019-08-09Enforcement Action Closed