EPA v. OCCIDENTAL CHEMICAL CORPORATION

Case summary

OCCIDENTAL OWNS AND OPERATES A POLYVINYL CHLORIDE (PVC) PLANT AT ADDIS, LOUISIANA, WHICH IT BOUGHT FROM FIRESTONE TIRE AND RUBBER COMPANY ON NOVEMBER 30, 1980. ON JULY 07, 1983, U.S FILED A CIVIL ACTION AGAINST BOTH COMPANIES FOR THE VIOLATION OF THE NATIONAL EMMISSION STANDARD FOR VINYL CHLORIDE. THE OWNER/OPERATOR OF A PVC PLANT MUST LIMIT THE AMOUNT OF VINYL CHLORIDE EMITTED DURING THE OPENING OF A REACTOR TO 0.02 G VINYL CHLORIDE/KG PVC PRODUCED. 40 C.F.R. 61.64(A)2. BETWEEN JUNE 01,1981, AND OCTOBER 14, 1983, OCCIDENTAL EXCEEDED THIS STANDARD ON 533 OCCASSIONS. THE SOURCE MUST ALSO LIMIT THE CONCENTRATION OF RESIDUAL VINYL CHLORIDE IN THE PVC RESIN FOLLOWING STRIPPING TO 400 PPM. 40 C.F.R. 61.64(E). OCCIDENTAL VIOLATED THIS STANDARD 20 TIMES. DISCHARGES OF VINYL CHLORIDE THROUGH RELIEF VALVES ARE PROHIBITED EXCEPT IN EMERGENCIES. 40 C.F.R. 61.65(A). THIS ACTION ALLEGES TWO VIOLATION OF THIS STANDARD. THIS ACTION SEEKS A CIVIL PENALTY AND AN INJUNCTION AGAINST FUTURE VIOLATIONS. THE REGION RECOMMENDS A CIVIL PENALTY OF $635,000.

Defendants (1)

• OCCIDENTAL CHEMICAL CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• BORDEN CHEMICALS & PLASTICS OPERATING L P

  8600 HWY. 1 S., ADDIS, LA, 70710

  Registry ID: 110000743358

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• OCCIDENTAL CHEMICAL CORPORATIOentered 1987-10-09

  Primary law: CAA

  Federal penalty: $425,000

Timeline (9 milestones)

• 1986-05-01Enforcement Action Data Entered
• 1986-06-30Referred To Headquarters
• 1986-07-16Referred To Dept Of Justice
• 1986-11-03Referred TO U.S. Attorney
• 1986-11-05Complaint Filed With Court
• 1987-10-09Concluded
• 1987-10-09Final Order Lodged
• 1987-10-09Final Order Entered
• 1989-01-12Enforcement Action Closed