EPA v. GEORGIA-PACIFIC CASE #2

Case summary

NATURE OF THE CASE: GEORGIA-PACIFIC (GP) OWNS AND OPERATES A FACILITY IN PLA- QUEMINE, LA WHICH MANUFACTURES ETHYLENE DICHLORIDE (EDC), VINYL CHLORIDE MONOMER (VCM) AND POLYVINYL CHLORIDE (PVC). EMISSIONS FROM THE EDC/VCM AND PVC FACILITIES ARE SUBJECT TO THE NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAP), 40 CFR PART 61. CIVIL SUIT FOR PENALTIES IN THE AMOUNT OF $601,000 IS REQUESTED PURSUANT TO SECTION 113(B) (3) AND (B)(4) OF THE CLEAN AIR ACT. CAUSE OF ACTION: AFTER THE REFERRAL OF THE VIOLATIONS CITED IN THE EARLIER REFFERRAL, REGION VI CONTINUED ITS ANALYSIS OF THE FACILI- TY'S CONDUCT AS IT RELATES TO THE NATIONAL EMISSION STANDARD FOR VINYL CHLORIDE, 40 CFR 61.60 ET SEQ. WHILE REVIEWING THE SEMI-ANNUAL REPORTS, IT WAS DETERMINED THAT GA VIOLATED THE REGULATIONS IN THE FOLLOWING MANNER: THE REACTOR OPENING LOSS LIMIT OF 0.02 VCM/KG OF PVC PRODUCED WAS EXCEEDED 2,088 TIMES, ON 396 DIFFERENT DAYS, IN VIOLATION OF 40 CFR 61.64(A (2). OF THE IDENTIFIED VIOLATIONS, 495 ARE NOT IN THE SIG- NIFICANT NUMBER RANGE (I.E., THE REACTOR OPENING LOSS IS .024 OR LESS), HOWEVER, REGION VI IS REFERRING ALL OF THE VIOLATIONS TO HDQTRS FOR ITS DETERMINATION OF WHETHER ALL OF THE VIOLATIONS SHOULD BE PURSUED. ON 1-24-82, THE VINYL CHLORIDE EMISSION LIMIT TO THE ATMOSPHERE FOR PCV PLANTS US- ING STRIPPING TECHNOLOGY WAS EXCEEDED, IN VIOLATION OF 40 CFR 61.64 (E)(1)(II); SEMI-ANNUAL REPORTS OF 3-14-80, 9-10- 80, 3-13-81, AND 9-15-81 (COVERING 3-1-81 THROUGH 5-21-81 ONLY) DID NOT CONTAIN DATA ON REACTOR OPENING LOSS, IN VIO- LATION OF 40 CFR 61.70 (C)(3).

Defendants (1)

• GEORGIA-PACIFIC CORP.Named in complaintNamed in settlement

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

Enforcement conclusions (1)

• GEORGIA-PACIFIC CORPORATIONentered 1986-09-16

  Primary law: CAA

  Federal penalty: $625,000

Timeline (8 milestones)

• 1984-09-28Referred To Headquarters
• 1984-10-23Referred To Dept Of Justice
• 1985-02-08Referred TO U.S. Attorney
• 1985-06-04Complaint Filed With Court
• 1986-09-16Final Order Lodged
• 1986-09-16Final Order Entered
• 1986-09-16Concluded
• 1989-01-11Enforcement Action Closed