EPA v. BORDEN CHEM, VCM-A PLANT

Case summary

NATURE OF THE CASE BORDEN CHEMICAL, A DIVISION OF BORDEN INC., OPERATES A VINYL CHLORIDE MONOMER FACILITY AT GEISMAR, LA KNOWN AS THE VCM-A PLANT. PRIOR TO 1982 THE FACILITY, KNOWN AS MONOCHEM, WAS OPERATED AS A JOINT VENTURE OF BORDEN AND UNIROYAL. EMISSIONS FROM THE VCM-A PLANT ARE SUBJECT TO THE NAT'L EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAP) PROGRAM, 40 CFR PART 61. CIVIL SUIT FOR PENALTIES AND INJUNCTIVE RELIEF IS REQUESTED PURSUANT TO SECTION 113(B) OF THE CLEAN AIR ACT. CAUSE OF ACTION THE NAT'L EMISSION STANDARD FOR VINYL CHLORIDE, 40 CFR 60.61 ET SEQ. WAS PROMULGATED 10/10/76. AMONG OTHER THINGS, THE REGULATIONS LIMIT EMISSIONS FROM EQUIPMENT USED IN VINYL CHLORIDE FORMATION/PURIFICATION TO 10 PPM VINYL CHLROIDE; PROHIBIT DISCHARGE FROM ANY RELIEF VALVE EXCEPT FOR EMERGEN- CIES; REQUIRE REPORTING OF RELIEF VALVE DISCHARGES WITHIN 10 DAYS; AND REQUIRE CONTINUOUS MONITORING OF A CONTROL SYSTEM. SINCE THE VINYL CHLORIDE NESHAP BECAME EFFECTIVE, REGION VI DETERMINED THAT FIVE RELIEF VALVE DISCHARGES WERE PREVENT- ABLE & THEREFORE VIOLATIONS OF 40 CFR 61.65(A); AND ONE DIS- CHARGE INVOLVING A RAIL TANK CAR WAS NOT SUBJECT TO NESHAP. BORDEN FAILED TO REPORT A 1979 DISCHARGE OF 60,000 LBS VINYL CHLORIDE W/IN 10 DAYS AS REQUIRED BY 40 CFR 61.65(A). BORDEN REPORTED THE INCIDENT IN ITS SEPTEMBER 1982 RESPONSE TO EPA'S SECTION 114 LETTER. IN ADDITION, BORDEN FAILED TO INSTALL A CONTINUOUS MONITOR ON ITS INCINERATOR STACK AS REQUIRED BY 40 CFR 61.68(A). THE INCINERATOR IS NOW USED ONLY DURING EMERGENCIES; WASTE GASES BEING INCINERATED AT BORDEN'S ADJACENT VCM-E PLANT. JUSTIFICATION VINYL CHLORIDE CAUSES LIVER CANCER AND IS A SUSPECTED FACTOR IN OTHER FORMS OF CANCER. RELEASES OF VINYL CHLORIDE ARE THEREFORE CONSIDERED SERIOUS AND SHOULD BE ADDRESSED BY ENFORCEMENT ACTION. IT IS INAPPROPRIATE TO ADDRESS RELIEF VALVE DISCHARGES WITH AN ADMINISTRATIVE ORDER BECAUSE AN ORDER IS SUBJECT TO REVIEW UNDER SECTION 307 OF THE CAA. STRATEGY REGION VI RECOMMENDS THAT A CIVIL ACTION BE FILED IN THE MIDDLE DISTRICT OF LOUSIANA. IT IS LIKELY THAT THE SUIT CAN BE SETTLED BY CONSENT DECREE. INJUNCTIVE RELIEF SHOULD INCLUDE EMPLOYEE TRAINING, PREVENTATIVE MAINTENANCE, IMPROVED OPERATION AND EMERGENCY PROCEDURES, AND POSSIBLY SOME MINOR EQUIPMENT CHANGES. A PENALTY OF AT LEAST $62,000 IS APPROPRIATE.

Defendants (2)

• BORDEN CHEM CO.Named in complaintNamed in settlement
• MONOCHEM, INC.Named in complaintNamed in settlement

Facilities (4)

• BORDEN CHEMICALS & PLASTICS OPERATING L P

  36045 HWY. 30, GEISMAR, LA, 70734

  Registry ID: 110000746328

• BORDEN CHEMICALS & PLASTICS OPERATING L P

  36045 HWY. 30, GEISMAR, LA, 70734

  Registry ID: 110000746328

• BORDEN CHEMICALS & PLASTICS OPERATING L P

  36045 HWY. 30, GEISMAR, LA, 70734

  Registry ID: 110000746328

• BORDEN CHEMICALS & PLASTICS OPERATING L P

  36045 HWY. 30, GEISMAR, LA, 70734

  Registry ID: 110000746328

Statutes cited

• CAA 114 — Record keeping, Inspection, Information Request
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• BORDEN, INC.entered 1988-02-03

  Primary law: CAA

  Federal penalty: $416,666

Timeline (8 milestones)

• 1983-03-31Referred To Headquarters
• 1983-05-03Referred To Dept Of Justice
• 1983-07-06Referred TO U.S. Attorney
• 1983-07-13Complaint Filed With Court
• 1988-02-03Final Order Lodged
• 1988-02-03Final Order Entered
• 1988-02-03Concluded
• 1988-11-10Enforcement Action Closed