EPA v. B F GOODRICH CO.

Case summary

THE VIOLATIONS UPON WHICH THE ACTION IS BASED: 1. TWENTY SIX INCIDENTS OF EMISSIONS TO THE ATMOSPHERE FROM A VINYL CHLORIDE MONOMER RECOVERY UNIT WHERE THE EXHAUST GAS CONCENTRATIONS OF VINYL CHLORIDE WERE GREATER THAN THE PRESCRIBED STANDARD OF 10 PPM. 2. THE PROPOSED RELIEF SOUGHT IS A MINIMUM PENALTY OF $114,000. NO INJUCTIVE RELIEF IS SOUGHT. DEFENDANT HAS INCORPORATED CERTAIN CONTROL TECHNOLOGY TO PROHIBIT FUTURE INCIDENTS OF VIOLENCE OF STANDARD. 3. RECENT CONTACTS WITH THE DEFENDANT: 11/27/85: EPA ISSUED SECTION 114 REQUEST. 12/19/85: DEFENDANT RESPONDS TO SECTION 114 REQUEST. 4. DATE OF INSPECTIONS, INFORMATION RESPONSES, OR RECEIPT OF EVIDENCE NEEDED TO INITIATE ENFORCEMENT ACTION. 12/19/85: DEFENDANT'S RESPONSE TO SECTION 114 REQUEST. 02/11/86: TECHNICAL SUPPORT DOCUMENTS REACHED REGIONAL COUNCIL OFFICE. 03/31/86: REFERRAL SIGNED BY REGIONAL ADMINISTRATOR. B.F. GOODRICH OWNS AND OPERATES A POLYVINYL CHLORIDE (PVC) PLANT AT PLAQUEMINE, LOUISIANA. THE PLANT WAS BUILT BY DOW CHEMICAL. ON SEPTEMBER 30, 1983, REGION VI TRANSMITTED TO EPA HEADQUARTERS A LITIGATION REPORT ADDRESSING MANUAL VENT VALVE AND RELIEF VALVE DISCHARGE VIOLATIONS OF THE VINYL CHLORIDE STANDARDS BY THE B.F. GOODRICH COMPANY CHEMICAL GROUP, PLAQUEMINE, LOUISIANA AND GOODYEAR TIRE AND RUBBER COMPANY. ON DECEMBER 20, 1983, A COMPLAINT WAS FILED IN THE U. S. DISTRICT COURT FOR THE MIDDLE DISTRICT OF LOUISIANA. BETWEEN FEBRUARY 15, 1981 AND OCTOBER 9, 1983, IT HAS BEEN DISCOVERED THAT THE PLANT EXPERIENCED AT LEAST 26 VC DISCHARGES AS A RESULT OF INCINERATOR BYPASSES AT ITS MONOMER RECOVERY UNIT. THESE DISCHARGES ARE COVERED BY 40 CFR SECTION 61.64(D) WHICH LIMITS THE CONCENTRATION OF EXHAUST GASES TO 10 PPM FROM THE MONOMER RECOVERY UNIT. REGION VI INITIATED THE INVESTIGATION OF VC EMISSIONS ASSOCIATED WITH INCINERATOR BYPASSES ON NOV. 27, 1985. ON THAT DATE, A DIRECTIVE SOLICITING INFORMATION UNDER SECTION 114 OF THE CLEAN AIR ACT WAS ISSUED TO THE B.F. GOODRICH COMPANY. THE 1983 LITIGATION REPORT WAS LIMITED TO VC EMISSIONS FROM MANUAL AND RELIEF VALVES, IN ACCORDANCE WITH THE AGENCY POLICY TO ADDRESS THOSE MORE EXTENSIVE EMISSIONS AS QUICKLY AS POSSIBLE. THE STATUE AND REGULATIONS WHICH ARE THE BASIS OF THE PROPOSED ACTION ARE: CLEAN AIR ACT SECTION 112(C)(1), U.S.C. SECTION 7412(C)(1). NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS. 40 CFR PART 61, SUBPART F, NATIONAL EMISSION STANDARD FOR VINYL CHLORIDE. 61.64(D) PROHIBITS VC EMISSIONS IN EXCESS OF 10 PPM FROM VC MONOMER RECOVERY SYSTEM EXHAUST GASES DIS- -CHARGED TO THE ATMOSPHERE. 61.65(B)(6)(I) DESCRIBES EXCEPTIONS TO 61.64(D) PROHIBITION.

Defendants (1)

• B F GOODRICH CO.Named in complaintNamed in settlement

Facilities (1)

• POLYONE CORPORATION

  21120 WARREN STREET, PLAQUEMINE, LA, 70764

  Registry ID: 110000449809

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• B.F. GOODRICH COMPANYentered 1987-01-09

  Primary law: CAA

  Federal penalty: $75,000

Timeline (9 milestones)

• 1986-03-31Enforcement Action Data Entered
• 1986-03-31Referred To Headquarters
• 1986-04-23Referred To Dept Of Justice
• 1986-04-24Referred TO U.S. Attorney
• 1986-07-25Complaint Filed With Court
• 1987-01-09Final Order Lodged
• 1987-01-09Final Order Entered
• 1987-01-09Concluded
• 1988-11-10Enforcement Action Closed