EPA v. FORMOSA PLASTICS CORP

Case summary

NATURE OF THE CASE ALLIED CHEMICAL OWNED AND OPERATED THE BATON ROUGE EDC/VCM FACILITY UNTIL SEPTEMBER 14, 1978, AT WHICH TIME THE PLANT WAS SOLD TO ICI AMERICAS, INC. THE PLANT WAS THEN SOLD ON JANUARY 1, 1981, BY ICI TO FORMOSA PLASTICS CORPORATION LOUISIANA, WHICH IS THE PRESENT OWNER OF THE PLANT. FROM AUGUST 12, 1978, TO THE PRESENT DATE, 23 DIS- CHARGES HAVE BEEN REPORTED AS EMERGENCIES FOR A TOTAL OF MORE THAN 47,080 POUNDS OF VC FROM THE EDC/VCM PLANT. ONE DISCHARGE OCCURRED WHILE UNDER ALLIED'S OWNERSHIP, 15 WHILE UNDER ICI'S OWNERSHIP, AND 7 UNDER FORMOSA'S OWNERSHIP. EMISSIONS FROM THE EDC/VCM FACILITY ARE SUBJECT TO THE NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAP), 40 CFR PART 61. CIVIL SUIT FOR PENALTIES AND IN- JUNCTIVE RELIEF AGAINST THE PRESENT OWNER FORMOSA AND FOR PENALTIES ONLY AGAINST THE FORMER OWNER ICI IS REQUESTED PURSUANT TO SECTION 113(B)(3) OF THE CLEAN AIR ACT. CAUSE OF ACTION THE NATIONAL EMISSION STANDARD FOR VINYL CHLORIDE, 40 CFR 61.60 ET SEQ. WAS PROMULGATED OCTOBER 21, 1976. AMONG OTHER THINGS, THE REGULATIONS PROHIBIT VINYL CHLORIDE (VC) DISCHARGES FROM ANY RELIEF VALVE IN VC SERVICE EXCEPT FOR EMERGENCIES; REQUIRE REPORTING OF RELIEF VALVE DISCHARGES WITHIN 10 DAYS; LIMIT VC EMISSIONS FROM EQUIPMENT USED IN EDC PURIFICATION AND IN VC FORMATION AND PURIFICATION TO 10 PPM, VC EMISSIONS REMOVED FROM IN PROCESS WASTEWATER AND\ DUCTED THROUGH A CONTROL SYSTEM. REGION 6 FIRST INITIATED INVESTIGATION OF 22 DISCHARGES REPORTED FOR THE BATON ROUGE, LOUISIANA FACILITY BY ISSUING A LETTER UNDER SECTION 114 OF THE CLEAN AIR ACT, DATED JUNE 18, 1982. (ONE ADDITIONAL DISCHARGE OCCURRED AFTER THIS DATE.) THIS LETTER WAS SENT IN ORDER TO OBTAIN ADDITIONAL INFORMATION ON EACH DISCHARGE FOR THE PURPOSE OF DETERMINING PREVENTABILITY AND COMPLIANCE. FORMOSA AND THE TWO PREVIOUS OWNERS RESPONDED SEPARATELY FOR DISCHARGES UNDER THEIR RE- SPECTIVE OWNERSHIPS; FORMOSA BY LETTER HAND-DELIVERED ON ON AUGUST 26, 1982, ICI BY LETTER DATED DECEMBER 2, 1982, AND ALLIED BY LETTER DATED AUGUST 26, 1982. OF THE 23 REPORTED DISCHARGES, EIGHT (8) DISCHARGES (TOTALLING 23,854 LBS) MAY BE CONSIDERED NON-EMERGENCY OR VIOLATIONS OF 40 CFR 61.65(A) UNDER CONDITIONS OF PREVENT- ABLE OPERATOR ERROR AND PREVENTABLE EQUIPMENT FAILURE. FOUR (4) DISCHARGES TOTALLING 369 LBS. MAY BE CONSIDERED VIOLA- TIONS OF 40 CFR 61.62(A), THE 10 PPM VC STANDARD FOR EDC PURIFICATION AND SEVEN (7) DISCHARGES TOTALLING 22,855 LBS. MAY BE CONSIDERED VIOLATIONS OF 40 CFR 61.63(A), THE 10 PPM VC STANDARD FOR VC FORMATION AND PURIFICATION. TWO (2) DIS- CHARGES OF UNKNOWN QUANTITIES OF VC MAY BE CONSIDERED VIOLA- TIONS OF BOTH 40 CFR 61.62(A) AND 61.63(A); AND, TWO (2) DISCHARGES TOTALLING 2 LBS. WHICH WERE SUBJECT TO 40 CFR 61.63(A) WERE DETERMINED TO BE IN COMPLIANCE WITH THAT STAND DARD.

Defendants (2)

• FORMOSA PLASTICS CORP., LA.Named in complaintNamed in settlement
• ICI AMERICAS, INC.Named in complaintNamed in settlement

Facilities (4)

• FORMOSA PLASTICS CORPORATION LOUISIANA

  GULF STATES ROAD, BATON ROUGE, LA, 70805

  Registry ID: 110000597444

• FORMOSA PLASTICS CORPORATION LOUISIANA

  GULF STATES ROAD, BATON ROUGE, LA, 70805

  Registry ID: 110000597444

• FORMOSA PLASTICS CORPORATION LOUISIANA

  GULF STATES ROAD, BATON ROUGE, LA, 70805

  Registry ID: 110000597444

• FORMOSA PLASTICS CORPORATION LOUISIANA

  GULF STATES ROAD, BATON ROUGE, LA, 70805

  Registry ID: 110000597444

Statutes cited

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

Enforcement conclusions (1)

• FORMOSA PLASTICSentered 1990-11-02

  Primary law: CAA

  Federal penalty: $65,000

Timeline (8 milestones)

• 1983-10-14Referred To Headquarters
• 1983-11-09Referred To Dept Of Justice
• 1984-01-20Referred TO U.S. Attorney
• 1984-01-23Complaint Filed With Court
• 1990-11-02Final Order Lodged
• 1990-11-02Final Order Entered
• 1990-11-02Concluded
• 1992-01-04Enforcement Action Closed