EPA v. BORDEN CHEMICAL VCM-E PLANT

Case summary

BORDEN CHEMICAL, A DIVISION OF BORDEN, INC., OPERATES A VINYL CHLORIDE MONOMER FACILITY AT GEISMAR, LOUISIANA KNOWN AS THE VCM-E PLANT. BORDEN ALSO OWNS AN ADJACENT VINYL CHLORIDE FACILITY, THE VCM-A PLANT, WHICH WAS THE SUBJECT OF A SEPARATE REFERRAL. EMISSIONS FROM THE VCM-E PLANT ARE SUBJECT TO THE NATIONAL 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. THE NATIONAL EMISSION STANDARD FOR VINYL CHLORIDE, 40 CFR 61.60 ET SEQ. WAS PROMULGATED OCTOBER 21, 1976. AMONG OTHER THINGS, THE REGULATIONS PROHIBIT DISCHARGE FROM ANY RELIEF VALVE EXCEPT FOR EMERGENCIES, AND REQUIRE REPORTING OF RELIEF VALVE DISCHARGES WITHIN TEN DAYS. SINCE THE VINYL CHLORIDE NESHAP BECAME EFFECTIVE, BORDEN HAS REPORTED FORTY ONE DISCHARGES TOTALING 23,978 POUNDS OF VINYL CHLORIDE FROM THE VCM-E PLANT. REGION VI HAS DETERMINED THAT ALL FORTY ONE DISCHARGES WERE PREVENTABLE AND, THEREFORE, VIOLATIONS OF 40 CFR 61.65(A) UNDER CONDITIONS OF PREVENTABLE EQUIPMENT MALFUNCTION AND PREVENTABLE OPERATOR ERROR. BORDEN FAILED TO REPORT 18 DISCHARGES OCCURRING IN 1977, 1978, 1979, AND 1980 WITHIN 10 DAYS OF EACH DISCHARGE, A VIOLATION OF 40 CFR 61.65(A). BORDEN FIRST NOTIFIED THE AGENCY OF THESE DIS- CHARGES IN ITS SEPTEMBER 1982 RESPONSE TO EPA'S SECTION 114 LETTER. ONE DISCHARGE, REPORTED JANUARY 5, 1978, IS OUTSIDE THE STATUTE OF LIMITATIONS FOR CIVIL PENALTIES. 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 CLEAN AIR ACT. IT IS LIKELY THAT THE SUIT CAN BE SETTLED BY CONSENT DECREE. INJUNCTIVE RELIEF SHOULD INCLUDE EMPLOYEE TRAINING, GOOD OPERATING PRACTICES, AN IMPROVED INSPECTION/PREVENTIVE MAINTENANCE PROGRAM, AND IMPROVEMENTS IN PROCESS DESIGN AND INSTRUMENTATION. REGION VI REQUESTS A PENALTY OF $518,000.

Defendants (1)

• BORDENNamed 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 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• BORDEN CHEMICAL VCM-E PLANTentered 1988-02-03

  Primary law: CAA

  Federal penalty: $416,666

Timeline (8 milestones)

• 1983-06-30Referred To Headquarters
• 1983-07-25Referred To Dept Of Justice
• 1983-09-08Referred TO U.S. Attorney
• 1983-09-13Complaint Filed With Court
• 1988-02-03Concluded
• 1988-02-03Enforcement Action Closed
• 1988-02-03Final Order Lodged
• 1988-02-03Final Order Entered