EPA v. DOW CHEMICAL COMPANY - OYSTER CREEK

Case summary

THE VIOLATIONS UPON WHICH THE ACTION IS BASED: 1. DIS- CHARGES OF VINYL CHLORIDE FROM ETHYLENE DICHLORIDE PURIFICATION IN EXCESS OF THE 10 PPM STANDARD OF 40 C.F.R. SEC. 61.62(A), 2. DISCHARGES OF VINYL CHLORIDE FROM VINYL CHLORIDE FORMATION AND PURIFICATION IN EXCESS OF THE 10 PPM STANDARD OF 40 C.F.R. SEC. 61.63(A), 3. DISCHARGES OF VINYL CHLORIDE FROM RELIEF VALVES IN VIOLATION OF THE NO DISCHARGE STANDARD OF 40 CFR SEC. 61.65(A). THE STATUTES AND REGULATIONS WHICH ARE THE BASIS FOR THE PROPOSED ACTION CLEAN AIR ACT SECTION 112(C)(1), 42 U.S.C. SEC. 7412(C)(1) NATIONAL EMISSION STANDARDS FOR HAZARDOUS POLLUTANTS AND 40 C.F.R. SUBPART F. NATIONAL EMISSION STANDARD FOR VINYL CHLORIDE. THE PROPOSED RELIEF TO BE SOUGHT IS A MINIMUM PENALTY OF $59,000 AND INJUNCTIVE RELIEF REQUIRING OPERATOR TRAINING AND EQUIPMENT INSTALLATION. DOW OWNS AND OPERATES THIS CHEMICAL COMPLEX WHICH INCLUDES THREE SOURCES SUBJECT TO VINYL CHLORIDE STANDARDS: 1. AN ETHYLENE DICHLORIDE (EDC) PLANT USING PURE OXYGEN OXYHYDROCHLORINATION PROCESS. 2. AN VINYL CHLORIDE MONOMER (VCM) PLANT (VINYL I). 3. A VCM PLANT (VINYL II). JAN 1977-10/14/83: DOW REPORTED 31 DISCHARGES TOTALLING 61,776 LBS. OF VC. AFTER ELIMINATING THE DISCHARGES WHICH FALL OUTSIDE THE FIVE-YEAR STATUE OF LIMITATIONS, 16 DISCHARGES WERE IDENTIFIED. ELEVEN DISCHARGES (TOTALLING 15,492 LBS. OF VC) ARE CONSIDERED NON-EMERGENCY VIOLATIONS OF 40 CFR &61.65(A) UNDER CONDITIONS OF PREVENTABLE OPERATOR ERROR AND PREVENTABLE EQUIPMENT MALFUNCTIONS; THREE TOTALLING (845 LBS. OF VC) ARE CONSIDERED VIOLATIONS OF THE 10 PPM STANDARD FOR VC FORMATION AND/OR PURIFICATION; ONE (12,500 LBS. OF VC) HAS BEEN DETERMINED TO BE IN VIOLATION OF THE 10 PPM VC EXHAUST GAS STANDARD; AND ONE (20 LBS. OF VC) HAS BEEN DETERMINED IN COMPLIANCE WITH 40 CFR &61.65(B)(1). ADDITIONALLY, THREE OF THE SUBJECT DISCHARGES, TWO OF WHICH OCCURRED ON 5/25/82 AND ONE ON 8/26/83, ARE CITED AS VIOLATIONS OF THE SEMIANNUAL RE- PORTING REQUIREMENTS. 4/2/84: A WRITTEN NOTIFICATION OF THESE DISCHARGES WAS FIRST RECEIVED IN DOW'S RESPONSE TO THE & 114 LETTER. DOW ALLEGED THAT REPORTING OF THESE NON-ROUTINE LEAKS IS NOT REQUIRED BY EITHER $61.65(A) OR $61.70. 11/16/84:A LITIGATION REPORT WAS FORWARDED TO HEADQUARTERS RECOMMENDING ENFORCEMENT ACTION ON 15 OF THE VC DISCHARGHES INCLUDING DOW'S FAILURE TO REPORT REQUIRED INFORMATION IN SEMIANNUAL REPORTS. 4/22/85: DEFENDANT FILES ANSWER. 4/25/85: DEFENDANT FILES MOTION TO ENROLL ADDITIONAL COUNSEL OF RECORD. 4/30/85: RECEIVED MOTION TO ENROLL ADDITIONAL COUNSEL OF RECORD FILED BY DEFENDANT W/ANSWER ON 4/22/85. 11/27/85: DOW SUBMITS SETTLEMENT PROPOSAL. 1/27/86: DOW FILES MOTION TO DISMISS LOUISIANA'S APPEAL IN INTERVENTION FOR HEARING. 3/14/86: MINUTE ORDER FROM JUDGE GRANTS DEFENDANTS MOTION TO DISMISS.

Defendants (1)

• DOW CHEMICAL CO., OYSTER CREEK DIVISIONNamed in complaintNamed in settlement

Facilities (6)

• DOW CHEMICAL COMPANY FREEPORT TEXAS

  2301 N. BRAZOSPORT BLVD. BUILDING B-101, FREEPORT, TX, 775413257

  Registry ID: 110008170237

• DOW CHEMICAL COMPANY FREEPORT TEXAS

  2301 N. BRAZOSPORT BLVD. BUILDING B-101, FREEPORT, TX, 775413257

  Registry ID: 110008170237

• DOW CHEMICAL COMPANY FREEPORT TEXAS

  2301 N. BRAZOSPORT BLVD. BUILDING B-101, FREEPORT, TX, 775413257

  Registry ID: 110008170237

• DOW CHEMICAL COMPANY FREEPORT TEXAS

  2301 N. BRAZOSPORT BLVD. BUILDING B-101, FREEPORT, TX, 775413257

  Registry ID: 110008170237

• DOW CHEMICAL COMPANY FREEPORT TEXAS

  2301 N. BRAZOSPORT BLVD. BUILDING B-101, FREEPORT, TX, 775413257

  Registry ID: 110008170237

• DOW CHEMICAL COMPANY FREEPORT TEXAS

  2301 N. BRAZOSPORT BLVD. BUILDING B-101, FREEPORT, TX, 775413257

  Registry ID: 110008170237

Statutes cited

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

Enforcement conclusions (1)

• DOW CHEMICAL COMPANYentered 1987-07-02

  Primary law: CAA

  Federal penalty: $105,000

Timeline (9 milestones)

• 1984-10-10Enforcement Action Data Entered
• 1985-06-28Referred To Headquarters
• 1985-07-22Referred To Dept Of Justice
• 1985-08-08Referred TO U.S. Attorney
• 1985-08-09Complaint Filed With Court
• 1987-07-02Final Order Lodged
• 1987-07-02Final Order Entered
• 1987-07-02Concluded
• 1988-11-10Enforcement Action Closed