EPA v. CONOCO CHEMICALS CO. - WESTLAKE

Case summary

CONOCO CHEM CO ('THE CO') OWNS AND OPERATES AN ETHYLENE DICHLORIDE (EDC)/VINYL CHLORIDE MONOMER (VCM) FACILITY IN WESTLAKE, LA (AROUND LAKE CHARLES). THE PLANT BEGAN OPERA- TION IN 1/68. EMISSIONS FROM THE PLANT ARE SUBJECT TO NESHAP. CIVIL SUIT FOR PENALTIES AND INJUNCTIVE RELEIF IS REQUESTED PURSUANT TO SECTION 113(B)(3-4) OF THE CAA. CAUSE OF ACTION THE NAT'L EMISSION STANDARD FOR VC PROHIBITS, AMONG OTHER THINGS, ANY VC DISCHARGES FROM ANY RELIEF VALVE IN VC SER- VICE EXCPET FOR EMERGENCIES; REQUIRES REPORTING OF RELIEF VA VALVE DISCHARGES W/IN 10 DAYS; LIMITS VC EMISSIONS FROM E QUIPMENT USED IN EDC PURIFICATION AND IN VC FORMATION AND PURIFICATION TO 10 PPM; AND LIMITS, TO 10 PPM, VC EMISSIONS REMOVED FROM IN-PROCESS WASTEWATER AND DUCTED THROUGH A CONTROL SYSTEM. SINCE THE VC STANDARD BECAME EFFECTIVE, ON 10/21/76, CONOCO HAS REPORTED 20 DISCHARGES TOTALLING 13,326.8 LBS OF VC. REGION 6 DETERMINED THAT 16 RELIEF VALVE DISCHARGES WERE IN VIOLATION OF 40CFR 61.65(A), ONE DISCHARGE WAS IN VIOLATION OF 40CFR 61.63(A), ONCE DISCHARGE WAS A VIOLATION OF 40CFR 61.62(A), 61.63(A), AND 61.65(B)(9)(II), AND ONE DISCHARGE WAS SUBJECT ONLY TO 40CFR 61.63(A) AND WAS FOUND IN COMPLIANCE WITH THAT STANDARD, AND ONE DISCHARGE WAS NOT SUBJECT TO NESHAP REGULATIONS. OUR CONCERN IS THE FAILURE OF THE CO. TO REPORT DISCHARGES --- FIRST REPORTED TO EPA IN 1982 IN RESPONSE TO EPA'S SECTION 114 LETTER. THEREFORE, REGION 6 HAS DETERMINED FIVE OF THE 16 PREVENTABLE RELIEF VALVE DISCHARGES WERE ALSO IN VIOLATION OF THE 10 DAY REPORTING REQUIREMENTS. ***ISSUES OF NAT'L OR PRECEDENTAL SIGNIFICANCE*** IT WOULD BE POOR PRECEDENT TO ALLOW CONOCO TO ESTABLISH NO LEGAL RESPONSIBILITY FOR NEGLIGENT EMPLOYEE ERROR AND EQUIPMENT FAILURE WHICH CAUSES VINYL CHLORIDE DISCHARGES.

Defendants (1)

• CONOCO, INC.Named in complaintNamed in settlement

Facilities (1)

• VISTA CHEMICAL CO

  HWY 3065 N OF I-10, WESTLAKE, LA, 70669

  Registry ID: 110010772896

Statutes cited

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

Enforcement conclusions (1)

• CONOCO, INC.entered 1985-08-19

  Primary law: CAA

  Federal penalty: $100,000

Timeline (8 milestones)

• 1983-06-30Referred To Headquarters
• 1983-07-25Referred To Dept Of Justice
• 1983-09-08Referred TO U.S. Attorney
• 1983-10-13Complaint Filed With Court
• 1985-08-19Final Order Lodged
• 1985-08-19Final Order Entered
• 1985-08-19Concluded
• 1989-01-12Enforcement Action Closed