EPA v. UNION CARBIDE CORPORATION

Case summary

THE STATUTE AND REGULATIONS WHICH ARE THE BASIS FOR THE PROPOSED ACTION. 1. CLEAN AIR SECTION 112(C)(1), 42 U.S.C. SECTION 7412(C) (1) NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS. 2. 40 CFR SUBPART F, NATIONAL EMISSION STANDARD FOR VINYL CHLORIDE. 3. SECTION 61.65(A) EMISSION STANDARD FOR RELIEF VALVE DISCHARGES IN VINYL CHLORIDE SERVICE. 4. SECTION 61.64(D) EMISSION STANDARD FOR VINYL CHLORIDE IN ALL EXHAUST GASES DISCHARGED FROM MONOMER RECOVERY SYSTEM. 5. SECTION 6161.65(B)(1) EMISSION STANDARD FOR LOADING LINES IN VINYL CHLORIDE SERVICE. 6. SECTION 61.70(C)(3) REPORTING REQUIREMENTS FOR REAC- TOR OPENING LOSS EMISSIONS. 7. SECTION 61.68(A) REQUIREMENTS FOR CONTINUOUS EMISSION MONITORING FROM VINYL CHLORIDE CONTROL DEVICES. THE VIOLATIONS UPON WHICH THE ACTION IS BASED: 1. DISCHARGE OF EXHAUST GASES CONTAINING VINYL CHLORIDE FROM THE MONOMER RECOVERY SYSTEM IN VIOLATION OF THE 10 PPM STANDARD OF 40 CFR SECTION 61.64(D). 2. DISCHARGE OF FUGITIVE EMISSIONS FROM THE LOADING/ UNLOADING LINES IN VIOLATION OF 40 CFR SEC. 61.65(B) (1). 3. FAILURE TO REPORT REACTOR OPENING LOSS EMISSIONS IN VIOLATION OF 40 CFR SECTION 61.70(C)(3). 4. FAILURE TO CONTINUOUSLY MONITOR VINYL CHLORIDE EMISSIONS FROM THE SOLVENT SCRUBBER IN VIOLATION OF 40 CFR SECTION 61.68(A). THE PROPOSED RELIEF TO BE SOUGHT: A MINIMUM OF $239,000 PENALTY AND INJUNCTIVE RELIEF REQUIRING OPERATOR TRAINING AND EQUIPMENT INSTALLATION. THERE ARE NO SIGNIFICANT NATIONAL OR PRECEDENTIAL OR FACTUAL ISSUES EXCEPT: UNION CARBIDE CORPORATION HAS RECEIVED A LOT OF PUBLICITY IN THE LAST YEAR CONCERNING ITS ENVIRONMENTAL COMPLIANCE DATA. DATES OF INSPECTIONS, INFORMATION RESPONSES, OR RECEIPT OF EVIDENCE OF VIOLATION WHICH LED TO DECISION TO INITIATE ENFORCEMENT ACTION. 1. SEPTEMBER 14, 1984-RESPONSE TO REQUEST FOR INFORMATION UNDER SECTION 114 OF THE CLEAN AIR ACT. 2. DECEMBER 27, 1984-RESPONSE TO REQUEST FOR SUPPLEMENTAL INFORMATION UNDER SECTION 114 OF THE CLEAN AIR ACT. 3. JUNE 13, 1984-REPORT OF EMERGENCY AIR EMISSION, VINYL CHLORIDE RELEASE OF JUNE 10, 1985, PREPARED BY UNION CARBIDE CORPORATION AND SUBMITTED TO TEXAS AIR CONTROL BOARD.

Defendants (1)

• UNION CARBIDE CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• UNION CARBIDE CORPORATION TEXAS CITY PLANT

  3301 5TH AVENUE SOUTH, TEXAS CITY, TX, 77590

  Registry ID: 110000505524

Statutes cited

• CAA 112 — Hazardous Air Pollutants
• CAA 113B — Clean Air Act

Enforcement conclusions (1)

• UNION CARBIDEentered 1987-06-18

  Primary law: CAA

  Federal penalty: $142,000

Timeline (8 milestones)

• 1985-09-30Referred To Headquarters
• 1985-10-24Referred To Dept Of Justice
• 1985-12-23Referred TO U.S. Attorney
• 1985-12-26Complaint Filed With Court
• 1987-06-18Final Order Lodged
• 1987-06-18Final Order Entered
• 1987-06-18Concluded
• 1988-06-18Enforcement Action Closed