EPA v. EXXON CHEMICALS AMERICAS

Case summary

THE EXXON CORPORATION, THROUGH ITS EXXON CHEMICAL COMPANY DIVISION, OWNS AND OPERATES THE BATON ROUGE RESIN FINISHING PLANT (BRRFP) NEAR BATON ROUGE, LOUISIANA IN EAST BATON ROUGE PARISH. THE PLANT RECEIVES HYDROCARBON RESIN DIS- SOLVED IN A SOLVENT TRANSPORTED BY PIPELINE FROM THE NEARBY EXXON BATON ROUGH CHEMICAL PLANT. THE SOLVENT IS REMOVED AND THE RESIN IS RECOVERED. SOLIDIFIED RESIN IS SHIPPED IN BAGS, BOXES, OR DRUMS. MOLTEN RESIN IS SHIPPED IN TANK CARS OR TANK TRUCKS. RESIN/WATER EMULSIONS ARE ALSO PROODOUCED. THIS CASE INVOLVES ONE HYDROCARBON RESIN STORAGE TANK (TANK 506) WHICH WAS IDENTIFIED BY THE LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY (LDEQ) AS VIOLATING SUBPARTS A AND KB OF 40 C.F.R. PART 60, THE NEW SOURCE PERFORMANCE STAN- DARDS. EXXON FAILED TO FILE NOTIFICATIONS OF THE COM- MENCEMENT OF CONSTRUCTION, ANTICIPATED STARTUP AND ACTUAL STARTUP. EXXON ALSO FAILED TO KEEP RECORDS OF EMISSION CONTROL EQUIPMENT MALFUNCTIONS. IN ADDITION, EXXON DID NOT INSTALL AN ADEQUATE EFISSION CONTROL DEVICE; FAILED TO PREPARE, SUBMIT AND FOLLOW AN OPERATING PLAN; FAILED TO MONITOR EMISSION CONTROL DEVICE OPERATING PARAMETERS TO ENSURE PROPER OPERATION; AND FAILED TO MAINTAIN RECORDS REQUIRED BY SUBPART KB. THE VIOLATIONS OCCURRING AT EXXON'S BRRFP FACILITY WERE DOCUMENTED BY THE COMPANY'S MAY 13, 1991 RESPONSE TO REGION 6'S 114 LETTER. EPA REQUESTS THAT EXXON BE REQUIRED TO PAY A CIVIL PENALTY FOR VIOLATION OF THE NSPS SUBPARTS A AND KB REQUIREMENTS.

Defendants (1)

• EXXON CHEMICALS AMERICASNamed in complaintNamed in settlement

Facilities (1)

• EXXON CHEMICALS AMERICAS BATON ROUGE RESIN FINISHING

  12480 SCENIC HWY., BATON ROUGE, LA, 708071327

  Registry ID: 110000450057

Statutes cited

• CAA 113 — Clean Air Act
• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• EXXON CHEMICALS AMERICASentered 1995-06-15

  Primary law: CAA

  Federal penalty: $152,600

Timeline (7 milestones)

• 1991-06-17Enforcement Action Data Entered
• 1991-06-28PRN Sent
• 1991-06-28Referred To Dept Of Justice
• 1995-06-13Complaint Filed With Court
• 1995-06-15Final Order Entered
• 1995-06-15Concluded
• 1995-07-15Enforcement Action Closed