EPA v. SID RICHARDSON CARBON & GASOLINE CO.

Case summary

SID RICHARDSON CARBON & GASOLINE CO, INC MANUFACTURES CARBON BLACK AT ITS ADDIS, LA PLANT LOCATED IN W BATON ROUGE, PARRISH. DURING THE MANUFACTURING PROCESS, WASTE GAS STREAMS CONTAINING ACETYLENE GAS ARE EMITTED TO THE ATMO- SPHERE. ACETYLENE IS CURRENTLY CONSIDERED A VOLATILE ORGAN- COMPOUND. VOCS ARE PRECURSORS IN THE FORMATION OF OZONE, WHICH IS PRODUCED WHEN NOX COMBINE WITH VOCS IN THE PRE- SENCE OF SUNLIGHT. OZONE CAN CAUSE ALTERATIONS IN PULMON- ARY FUNCTIONS, INCREASED SUSCEPTIBILITY TO INFECTIOUS DISEASES, AND BIOCHEMICAL ALTERATIONS IN THE LUNGS AND OTHER ORGANS. * ON 12/3/82, SID RICHARDSON WAS ISSUED A PSD PERMIT MODIFYING A PREVIOUSLY ISSUED PERMIT TO ENABLE THE ADDIS PLANT TO BURN A PORTION OF ITS ACETYLENE WASTE GAS EMISSIONS BY APPROX 36% WHILE PROVIDING A 20% INCREASE IN PRODUCTION CAPACITY. NEVERTHELESS, APPROX 1545.5 TONS/YR OF ACTETYLENE WAS GAS IS NOT BEING BURNED ACCORDING TO THE REQUIREMENTS OF LAQR 22.8; THIS CONSTITUTES A VIOLATION OF LAQR 22.8 AND THE FED- ERALLY APPROVED LA SIP. * ON 12/28/82, PURSUANT TO 40 CFR 51.4, THE ASSISTANT SECRE- TARY OF LDNR APPROVED A HYDROCARBON COMPLIANCE SCHEDULE SUB- MITTED BY SID RICHARDSON FOR ITS ADDIS PLANT. THIS COMPLI- ANCE SCHEDULE EXEMPTED THE ADDIS PLANT FROM THE CONTROLS REQUIRED BY RULE 22.8 AND LDNR CONSIDERED THE FACILITY TO BE IN COMPLIANCE WITH RULE 22.8 . EPA BELIEVES THAT THIS EXEMPTION WAS A MODIFICATION OR REVISION TO THE EXISTING LA SIP. THEREFORE, THE EXEMPTION CONSTITUTED A SIP REVIS- ION WHICH IS REQUIRED TO BE SUBMITTED TO EPA PURSUANT TO THE REQUIREMENTS OF SECTION 110(A)(3) OF THE CAA. UNLESS AND UNTIL EPA APPROVES THE EXEMPTION AS A SIP REVISION, THE EX- ISTING FEDERALLY APPROVED SIP REQUIREMENTS ARE EFFECTIVE. * SECTION 113 OF THE CAA AUTHORIZES EPA TO COMMENCE A CIVIL ACTION TO RECOVER A CIVIL PENALTY OF NOT MORE THAT $25,000 PER DAY OF VIOLATION. THE STATUTORY MAXIMUM SINCE THE EFFECTIVE DATE OF THE APPLICABLE SIP REQUIREMENT WOULD AMOUNT TO OVER $36M, WHILE THE STATUTORY MAXIMUM AMOUNT SINCE THE ISSUANCE OF THE NOV WOULD BE OVER $10M, EPA PRO- POSES THE MIN. CALCULATED SETTLEMENT AMOUNT OF $1,228,850.

Defendants (1)

• SID RICHARDSON CARBON & GASOLINE CO.Named in complaintNamed in settlement

Facilities (1)

• SID RICHARDSON CARBON COMPANY

  5221 SID RICHARDSON ROAD, ADDIS, LA, 70710

  Registry ID: 110043799743

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• SID RICHARDSON CARBONentered 1990-09-01

  Primary law: CAA

  Federal penalty: $77,000

Timeline (8 milestones)

• 1986-12-31Referred To Dept Of Justice
• 1987-08-20Returned To Region
• 1989-01-04Rereferred
• 1990-09-01Final Order Lodged
• 1990-09-01Final Order Entered
• 1990-09-01Complaint Filed With Court
• 1990-09-01Concluded
• 1993-02-11Enforcement Action Closed