EPA v. DOW CHEMICAL USA, LA DIVISION

Case summary

DOW CHEMICAL, U.S.A. OWNS AND OPERATES A LARGE CHEMICAL COMPLEX IN PLAQUEMINE, LOUISIANA, WHICH INCLUDES THREE SOURCES THAT ARE SUBJECT TO 40 CFR PART 61, SUBPART F OF THE NATIONAL EMISSION STANDARD FOR HAZARDOUS AIR POLLUTANTS (NESHAP) FOR VINYL CHLORIDE: (1) AN ETHYLENE DICHLORIDE (EDC) PLANT USING PURE OXYGEN OXYHYDROCHLORINATION PROCESS; (2) A VINYL CHLORIDE MONOMER (VCM) PLANT (VINYL II). COW HAS A SECOND EDC FACILITY THAT SUPPLIES EDC TO VINYL I, BUT THE EDC IS MADE BY DIRECT CHLORINATION OF ETHYLENE WITH CHLORINE AND IS NOT COVERED BY THE EMISSION STANDARD FOR VINYL CHLORIDE. CAUSE OF ACTION FROM JANUARY, 1977 TO OCTOBER 14, 1983 (THE DATE OF THE FINAL NESHAP DELEGATION TO THE LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY, LDEQ), DOW CHEMICAL U.S.A. REPORTED 31 DISCHARGES TOTALING 61,776 LBS. OF VINYL CHLORIDE (VC). FOR THE PERIOD OF OCTOBER 14, 1983 TO PRESENT, DOW HAS REPORTED FOUR DISCHARGES TOTALING 1125 LBS. TO LDEQ UNDER 77 .6(A) AND 76.18 OF THE LESHAP REGUALTIONS. UNDER THE TERMS OF THE FINAL NESHAP DELEGATION, AS PUBLISHED IN THE FEDERAL REGISTER, ALL INFORMATION PURSUANT TO 40 CFR PART 61 WAS SUBMITTED DIRECTLY TO THE STATE AGENCY. TWO OF THE REPORTED DISCHARGES WERE RELIEF VALVE DISCHARGES, ONE WAS SUBJECT TO THE 10 PPM STANDARD, AND ONE WAS FOUND NOT TO BE SUBJECT TO THE LESHAP STANDARD. IN ALL INSTANCES, LDEQ MADE AN ON-SITE VISIT. UPON THOROUGH INVESTIGATION, AND BASED ON THE FACT THAT DOW INSTITUTED AN IMPROVED OPERATOR START-UP SEQUENCE AND A SHORTENED PERIODIC MAINTENANCE PROGRAM, LDEQ USED THEIR DISCRETIONARY POWER NOT TO PURSUE IT FURTHER. IN THE YEAR SINCE THE NESHAP PROGRAM HAS BEEN FULLY DELEGATED TO THE STATE, LDEQ HAS ESTABLISHED PROCEDURES FOR INVESTIGATING AND ENFORCING THE VINYL CHLORIDE STANDARD IN A TIMELY AND ADEQUATE MANNER WHICH HAS RESULTED IN ASSESSMENT OF CIVIL PENALTIES AND INSTITUTING CORRECTIVE MEASURES TO PREVENT FUTURE DISCHARGES. THEREFORE, UNTIL UNTIL SUCH TIME AS THE REGIONAL OFFICE DETERMINES THAT LOUISIANA IS NOT ADEQUATELY IMPLEMENTING THE PROGRAM, WE DO NOT RECOMMEND INCLUDING THE VIOLATIONS THAT OCCURRED AFTER THE DATE OF DELEGATION. AFTER ELIMINATING THE DISCHARGES WHICH FALL OUTSIDE THE FIVE-YEAR STATUTE OF LIMITATIONS, SIXTEEN DISCHARGES WERE IDENTIFIED. ELEVEN OF THE SIXTEEN DISCHARGES, TOTALING 15,492 LBS. OF VC ARE CONSIDERED NON-EMERGENCY VIOLATIONS OV 40 CFR SECT 61.65(A) UNDER CONDITIONS OF PREVENTABLE OPERATOR ERROR AND PREVENTABLE EQUIPMENT MALFUNCTIONS. THREE OF THE SUBJECT DISCHARGES, TOTALING 845 LBS. OF VC, ARE CONSIDERED TO BE VIOLATIONS OF SECT 61.63(A), THE 10 PPM STANDARD FOR VC FORMATION AND/OR PURIFICATION. ONE DISCHARGE OF 12,500 LBS. OF VC HAS BEEN DETERMINED TO BE IN VIOLATION OF SECT 61.65(B)(6)(II), THE 10 PPM VC EXHAUST GAS STANDARD. ONE DISCHARGE OF 20 LBS. OF VC HAS BEEN DETERMINED IN COMPLIANCE WITH 40 CFR SECT 61,65(B)(L). ADDITIONALLY, THREE OF THE SUBJECT DISCHARGES WAS FIRST RECEIVED ON APRIL 2, 1984, IN DOW'S RESPONSE TO OUR SECT 114 LETTER. DOW ALLEGED THAT REPORTING THESE NON-ROUTING LEAKS IS NOT REQUIRED BY EITHER SECT 61.65(A) OR SECT 61.70. IT IS EPA'S CONTENTION THAT VCM EMISSION LEAKS RESULTING FROM ABNORMAL EQUIPMENT OPERATION ARE SUBJECT TO REPORTING REQUIREMENTS. EPA DOES NOT HAVE ON FILE ONE DISCHARGE REPORT DATED SEPTEMBER 25, 1977. HOWEVER, THAT REPORT RELATES TO A DISCHARGE OUTSIDE THE STATUTE OF LIMITATIONS. FOR THE PURPOSES OF THIS REPORT, IT IS RECOMMENDED THAT WE PURSUE ENFORCEMENT ACTION ON FIFTEEN OF THE VC DIS- CHARGES. WE ALSO RECOMMEND THAT ENFORCEMENT ACTION INCLUDE THE FAILURE OF DOW TO REPORT REQUIRED INFORMATION IN SEMIANNUAL REPORTS.

Defendants (1)

• DOW CHEMICAL USANamed in complaintNamed in settlement

Facilities (60)

• DOW CHEMICAL COMPANY LOUISIANA DIVISION

  HWY. 1 S., PLAQUEMINE, LA, 707650150

  Registry ID: 110001244724

• DOW CHEMICAL COMPANY LOUISIANA DIVISION

  HWY. 1 S., PLAQUEMINE, LA, 707650150

  Registry ID: 110001244724

• DOW CHEMICAL COMPANY LOUISIANA DIVISION

  HWY. 1 S., PLAQUEMINE, LA, 707650150

  Registry ID: 110001244724

• DOW CHEMICAL COMPANY LOUISIANA DIVISION

  HWY. 1 S., PLAQUEMINE, LA, 707650150

  Registry ID: 110001244724

• DOW CHEMICAL COMPANY LOUISIANA DIVISION

  HWY. 1 S., PLAQUEMINE, LA, 707650150

  Registry ID: 110001244724

• DOW CHEMICAL COMPANY LOUISIANA DIVISION

  HWY. 1 S., PLAQUEMINE, LA, 707650150

  Registry ID: 110001244724

• DOW CHEMICAL COMPANY LOUISIANA DIVISION

  HWY. 1 S., PLAQUEMINE, LA, 707650150

  Registry ID: 110001244724

• DOW CHEMICAL COMPANY LOUISIANA DIVISION

  HWY. 1 S., PLAQUEMINE, LA, 707650150

  Registry ID: 110001244724

• DOW CHEMICAL COMPANY LOUISIANA DIVISION

  HWY. 1 S., PLAQUEMINE, LA, 707650150

  Registry ID: 110001244724

• DOW CHEMICAL COMPANY LOUISIANA DIVISION

  HWY. 1 S., PLAQUEMINE, LA, 707650150

  Registry ID: 110001244724

• DOW CHEMICAL COMPANY LOUISIANA DIVISION

  HWY. 1 S., PLAQUEMINE, LA, 707650150

  Registry ID: 110001244724

• DOW CHEMICAL COMPANY LOUISIANA DIVISION

  HWY. 1 S., PLAQUEMINE, LA, 707650150

  Registry ID: 110001244724

• DOW CHEMICAL COMPANY LOUISIANA DIVISION

  HWY. 1 S., PLAQUEMINE, LA, 707650150

  Registry ID: 110001244724

• DOW CHEMICAL COMPANY LOUISIANA DIVISION

  HWY. 1 S., PLAQUEMINE, LA, 707650150

  Registry ID: 110001244724

• DOW CHEMICAL COMPANY LOUISIANA DIVISION

  HWY. 1 S., PLAQUEMINE, LA, 707650150

  Registry ID: 110001244724

• …and 45 more

Statutes cited

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

Enforcement conclusions (1)

• DOW CHEMICAL COMPANYentered 1990-08-30

  Primary law: CAA

  Federal penalty: $38,000

Timeline (8 milestones)

• 1984-11-16Referred To Headquarters
• 1984-12-07Referred To Dept Of Justice
• 1985-03-25Referred TO U.S. Attorney
• 1985-03-26Complaint Filed With Court
• 1990-08-30Final Order Lodged
• 1990-08-30Final Order Entered
• 1990-08-30Concluded
• 1990-09-30Enforcement Action Closed