EPA v. SHELL CHEMICAL COMPANY

Case summary

NATURE OF THE CASE SHELL OWNS AND OPERATED AN ETHYLENE DICHLORIDE (EDC)/ VINYL CHLORIDE (VC) MONOMER PLANT IN MORCO, LA. THE PLANT IS SUBJECT TO THE NAT'L EMISSIONS STND FOR VC, A HAZARDOUS AIR POLLUTANT. 40CFR 61.65(A) PROHIBITS THE DISCHARGE OF VC TO THE ATMOSPHERE THROUGH A RELIEF VALVE, EXCEPT IN EMERGENCIES. THERE HAVE BEEN 15 DISCHARGES AT THIS POINT WHICH REGION VI HAS DETERMINED TO BE PREVENTABLE AND SO IN VIOLATION OF THE STANDARD, TOTALING OVER 43,000 LBS. PROPOSED REMEDY THE PLANT IS CURRENTLY SHUT DOWN INDEFINITELY. REGION VI IS SEEKING RELIEF WHICH WOULD REQUIRE SHELL TO SUBMIT, FOR EPA APPROVAL PRIOR TO RESTARTING THE PLANT, OPERATING AND EMERGENCY PROCEDURES, TRAINING PLANS, AND PLANS FOR OTHER MEASURES TO PREVENT FUTURE DISCHARGES. REGION VI IS ALSO RECOMMENDING A CIVIL PENALTY OF $57,000. ISSUES OF NATIONAL OR PRECEDENTAL SIGNIFICANCE THIS CASE WILL BE FILED IN THE EASTRN DIST OF LA. THE MIDDLE DIST OF LA RECENTLY DISMISSED THE ETHYL CASE ON THE GROUNDS THAT THIS REGULATION IS INVALID BECAUSE IT IS A WORK PRACTICE STANDARD. ALTHOUGH SHELL HAS MADE A SETTLE- MENT OFFER, IT IS POSSIBLE THAT THE CO MAY WITHDRAW ITS OFFER AND CHOOSE TO DEFEND BASED ON THE ETHYL DECISION. ETHYL DECISION APPEALED.

Defendants (1)

• SHELL OIL CO.Named in complaintNamed in settlement

Facilities (2)

• NORCO CHEMICAL PLANT WEST SITE

  16122 RIVER ROAD, NORCO, LA, 70079

  Registry ID: 110024471668

• NORCO CHEMICAL PLANT WEST SITE

  16122 RIVER ROAD, NORCO, LA, 70079

  Registry ID: 110024471668

Statutes cited

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

Enforcement conclusions (1)

• SHELL OIL COMPANYentered 1985-06-24

  Primary law: CAA

  Federal penalty: $50,000

Timeline (8 milestones)

• 1983-06-30Referred To Headquarters
• 1983-07-25Referred To Dept Of Justice
• 1983-09-08Referred TO U.S. Attorney
• 1983-09-09Complaint Filed With Court
• 1985-06-24Final Order Lodged
• 1985-06-24Final Order Entered
• 1985-06-24Concluded
• 1985-08-15Enforcement Action Closed