EPA v. GEORGIA-PACIFIC CORP. #1

Case summary

NATURE OF THE CASE GEORGIA-PACIFIC (THE CO) OWNS AND OPERATES A FACILITY IN PLAQUEMINE, LA. WHICH MANUFACTURES ETHYLENE DICHLORIDE (EDC) AND VINYL CHLORIDE MONOMERS (VCM) AND POLYVINYL CHLORIDE (PVC). EMISSIONS FROM THE EDC/VCM AND PVC FACILITIES ARE SUBJECT OT EHT NAT'L EMISSION STANTDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAP), 40 CFR PART 61. CIVIL SUIT FOR PENALTIES AND INJUNCTIVE RELIEF IF REQUESTED PURSUANT TO SECTION 113(B)(3) AND (B)(4) OF THE CLEAN AIR ACT. CAUSE OF ACTION THE NATIONAL EMISSION STANDARD FOR VINYL CHLORIDE, 40 CFR 61.60 ET SEQ. WAS PROMULGATED ON 10/21/76. AMONG OTHER THINGS, THE REGULATIONS PROHIBIT VINYL CHLORIDE (VC) DIS- CHARGES FROM ANY RELIEF VALVE IN VC SERVICE EXCEPT FOR EMERGENCIES; REQUIRE REPORTING OF RELIEF VALVE DISCHARGES WITHIN 10 DAYS AND OTHER EXCESS VINYL CHLORIDE EMISSIONS SEMIANUALLY; LIMIT VC EMISSIONS FROM EQUIPMENT USED IN EDC PURIFICATION AND IN VC FORMATION AND PURIFICATION TO 10 PPM; AND LIMIT, TO 10 PPM, VC EMISSIONS REMOVED FROM INPROCESS WASTEWATER OR DURING EQUIPMENT OPENING AND DUCTED THROUGH A CONTROL SYSTEM. SINCE THE VC STANDARD BECAME EFFECTIVE, 78 VC DISCHARGES, TOTALING MORE THAN 86,379 LBS. OF VC, HAVE BEEN REPORTED AND REVIEWED. 71 OF THESE 78 VC DISCHARGES, TOTALING MORE THAN 85,983 LBS OF VC, ARE CONSIDERED TO BE VIOLATIONS OF APPLI- CABLE STANDARDS OF 40 CFR PART 61, SUBPART F. OF THE SEVEN REMAINING DISCHARGES, THREE WERE FOUND TO BE VC LEAKS IN COMPLIANCE WITH AND SUBJECT ONLY TO 40 CFR 61.65(B)(8); THREE MORE WERE DETERMINED SUBJECT ONLY TO 40 CFR 61.64(D) & WERE ALLOWED BY AN APPROVED WAIVER OF COMPLIANCE; AND ONE DISCHARGE FROM A RELIEF VALVE ON A RAILOAD TANK CAR WAS DETERMINED NOT TO BE SUBJECT TO NESHAP. RAILROAD TANK CARS HAVE BEEN DETERMINED NOT TO BE SUBJECT TO THE VC REGULATIONS EXCEPT WHEN THE REQUIREMENTS OF 40 CFR 61.65(B)(1) FOR LOAD- ING AND UNLOADING LINES APPLY. FIVE OF THE DISCHARGES ALSO HAVE BEEN DETERMINED TO BE IN VIOLATION OF THE SEMIANNUAL REPORTING REQUIREMENTS OF 40 CFR 61.70(C)(1). 25 OF THE DISCHARGES ARE IN VIOLATION ON THE 10 DAY REPORTING REQUIRE- MENT OF SECTION 61.65(A). ISSUES OF NATIONAL OR PRECEDENTIAL SIGNIFICANCE THIS APPEARS TO BE A ROUTINE VC CASE WITH NO UNUSUAL ISSUES OF NATIONAL OR PRECEDENTIAL SIGNIFICANCE. HOWEVER, IT SHOULD BE NOTED THAT THE ETHYL VINYL CHLORIDE CASE, IN WHICH THE COURT RULED AGAINST EPA, ON JULY 6, 1983, WAS FILED IN THE MIDDLE DISTRICT OF LOUISIANA. THOSE SAME ISSUES AS TO THE VALIDITY OF REGULATIONS WILL BE RAISED IN THIS CASE. THE ETHYL CASE IS ON APPEAL TO THE 5TH CIRCUIT. JUSTIFICATION VINYL CHLORIDE IS KNOWN TO CAUSE LIVER CANCER. RELEASES OF VC ARE THEREFORE CONSIDERED SERIOUS AND SHOULD BE ADDRES- SED BY ENFORCEMENT ACTION. HQ HAS PREVIOUSLY DETERMINED THAT IT IS INAPPROPRIATE TO ADDRESS RELIEF VALVE DISCHARGES WITH AN ADMINISTRATIVE ORDER BECAUSE OF THE SERIOUS NATURE OF THE POLLUTANT AND ITS THREAT TO HEALTH AND THE ENVIRON- MENT.

Defendants (1)

• GEORGIA PACIFIC CORP.Named in complaint

Facilities (2)

• GEORGIA GULF CORPORATION

  26100 STATE HIGHWAY 405 SOUTH, PLAQUEMINE, LA, 707646815

  Registry ID: 110000613747

• GEORGIA GULF CORPORATION

  26100 STATE HIGHWAY 405 SOUTH, PLAQUEMINE, LA, 707646815

  Registry ID: 110000613747

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Timeline (6 milestones)

• 1983-12-29Referred To Headquarters
• 1984-01-23Referred To Dept Of Justice
• 1984-04-30Referred TO U.S. Attorney
• 1984-05-01Complaint Filed With Court
• 1985-05-31Concluded
• 1985-05-31Enforcement Action Closed