EPA v. POLYONE CORP. (NATIONAL CASE)

Case summary

EPA and the U.S. Department of Justice (DOJ) are signing an agreement that resolves claims alleged by the United States against PolyOne Corporation (PolyOne) for violations of the Clean Air Act (CAA) and the Resource Conservation and Recovery Act (RCRA) at a polyvinyl chloride (PVC) manufacturing facility in Henry, Illinois; and also resolves violations of the CAA, RCRA, and the Clean Water Act (CWA) at a PVC manufacturing facility in Pedricktown, New Jersey. Under the settlement, PolyOne must perform compliance activities to achieve and maintain compliance with the applicable regulations at both facilities, continue to operate at lower federally enforceable emission limits than those which are allowed under its CAA Title V permits at both facilities, perform three Supplemental Environmental Projects (SEPs) at an estimated cost of $800,000 at the Henry, Illinois facility, and pay a total civil penalty of $280,000, consisting of $245,000 to the United States and $35,000 to the State of Illinois. All of the SEPs involve the installation of equipment necessary for: (1) a back-up diesel-powered air compressor on the main instrument air supply header leading to all polymerization lines; (2) a back-up diesel-powered generator to supply power to the existing cooling water pumps and chilled water pumps to maintain circulation to all polymerization lines; and (3) an automated chemical addition (?short stop?) system to cease the polymerization process for all the active polymerization reactors on Dispersion Resin Line No. 1. These SEPs will eliminate or minimize the accidental release of PVC to the environment due to an interruption in service to both the main electrical power supply and the facility?s back-up power supply.

Defendants (1)

• POLYONE CORP.Named in complaintNamed in settlement

Facilities (3)

• MEXICHEM SPECIALTY RESINS INC

  1550 CR 1450N, HENRY, IL, 61537-9404

  Registry ID: 110018402780

• POLYONE CORPORATION

  1546 COUNTY ROAD 1450 NORTH, HENRY, IL, 61537

  Registry ID: 110018402780

• POLY ONE CORP

  2400 EAST DEVON AVE, ELK GROVE VILLAGE, IL, 60007

  Registry ID: 110000428966

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• POLYONE CORP. (NATIONAL CASE)entered 2014-06-20

  Primary law: CAA

  Federal penalty: $105,000 · State/local: $35,000 · SEP: $800,000

Timeline (8 milestones)

• 2006-09-28Referred To Dept Of Justice
• 2006-10-11Enforcement Action Data Entered
• 2013-11-20Complaint Filed With Court
• 2013-11-20Final Order Lodged
• 2014-06-20Enforcement Action Closed
• 2014-06-20Concluded
• 2014-06-20Final Order Entered
• 2014-06-20Air Resolved