EPA v. CELANESE ENGINEERING RESINS, INC. BISHOP, TEXAS PLANT

Case summary

THIS REPORT SUMMARIZES THE BASIS FOR RECOMMENDED CIVIL LIT- IGATION AGAINST CELANESE ENGINEERING RESINS, INC. ( CER OR DEFENDANT ) FOR VIOLATIONS OF THE NATIONAL EMISSION STAND- ARDS FOR BENZENE EMISSIONS FOR EQUIPMENT LEAKS (FUGITIVE E- MISSION SOURCES) OF BENZENE, 40 C.F.R. PART 61, SUBPARTS J AND V. THE VIOLATIONS OCCURRED AT CER'S FACILITY, LOCATED IN BISHOP, NUECES COUNTY, TEXAS (HEREINAFTER THE BISHOP PLANT ). THE BENZENE NESHAP FOR EQUIPMENT LEAKS IS APPLICABLE TO THE BISHOP PLANT BECAUSE THE PROCESS AT THE PLANT INCORPOR- ATES EQUIPMENT IN BENZENE SERVICE AS DEFINED AT 40 C.F.R. SEC. 61.111 AND THE PLANT SITE IS DESIGNED TO USE AT LEAST 1,000 MEGAGRAMS (MG) OF BENZENE PER YEAR. CER HAS VIOLATED THE FOLLOWING REGULATIONS WHICH ARE MORE FULLY DISCUSSED IN SECTION IV: 40 C.F.R. SEC. 61.10(A), 61.112(A), 61.242, 61. 246, AND 61.247. CER IS A SUBSIDIARY OF HOECHST CELANESE CORPORATION ( HCC ). CER IS BASED IN SOMERVILLE, NEW JERSEY AND IS INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE. HCC, THE PARENT COMPANY OF CER, OWNS AND OPERATES SEVERAL PLANTS IN THE UNITED STATES, INCLUDING PLANTS IN ROCK HILL, SOUTH CAROLINA , PAMPA, TEXAS, AND NARROWS, VIRIGINA. BENZENE IS USED AT THE BISHOP PLANT IN THE PRODUCTION OF TRIOXANE. BENZENE IS USED AS AN AGENT TO EXTRACT TRIOXANE FROM AN AQUEOUS STREAM AND IS RECYCLED THROUGH THE PROCESS OVER AND OVER AGAIN WITH SOME BENZENE ESCAPING THROUGH FUG- ITIVE EMISSIONS AND THROUGH A CONTROL DEVICE. BENZENE IS A HAZARDOUS CARCINOGENIC AIR POLLUTANT WHICH IS REGULATED UNDER THE NATIONAL EMISSION STANDARDS FOR HAZARD- OUS AIR POLLUTANTS ( NESHAP ), PROMULGATED PURSUANT TO FORM- ER SECTION 112 OF THE CLEAN AIR ACT, 42 U.S.C. SEC. 7412. BENZENE IS ONE OF HAZARDOUS AIR POLLUTANTS LISTED IN AMENDED SECTION 112 OF THE CLEAN AIR ACT. BENZENE IS ALSO A VOLATILE ORGANIC COMPOUND AND A PRECURSOR TO OZONE WHICH IS REGULATED UNDER THE TEXAS STATE IMPLEMENTATION PLAN ( SIP ) PURSUANT TO SECTION 110 OF THE CLEAN AIR ACT. THIS ACTION IS SOLELY BASED UPON FEDERAL STANDARDS PROMULGATED UNDER SECTION 112 OF THE CLEAN AIR ACT. THE BENZENE NESHAP FOR EQUIPMENT LEAKS WAS PROMULGATED AND BECAME EFFECTIVE ON JUN. 6, 1984. PURSUANT TO 40 C.F.R. SEC. 61.10(A) AND 61.247(A)(2), WITHIN 90 DAYS OF PROMULGATION OF THIS NESHAP, CER WAS REQUIRED TO SUBMIT INITIAL REPORTS TO EPA ON ITS BENZENE USE AT THE BISHOP PLANT. CER TOOK THE PO- SITION IN1984 (AND STILL DOES) THAT IT IS EXEMPT FROM THE SUBPART J AND V NESHAPS PURSUANT TO 40 C.F.R. SEC. 61.110(C) BECAUSE THE COMPANY WAS OF THE OPINION THAT THE BISHOP PLANT USES LESS THAN 1,000 MG OF BENZENE IN A YEAR. THE STATE OF TEXAS HAS BEEN DELEGATED RESPONSIBILITY TO IM- PLEMENT AND ENFORCE THE NESHAPS PURSUANT TO A DELEGATION OF SUCH AUTHORITY DATED DEC. 28, 1982 TO THE TEXAS AIR CONTROL BOARD (NOW MERGED INTO THE TEXAS NATURAL RESOURCES CONSER- VATION COMMISSION (TNRCC). EPA IS EXERCISING ITS CONCURRENT ENFORCEMENT AUTHORITY IN THE ABSENCE OF ENFORCEMENT ACTION BY TEXAS. EPA'S EXERCISE OF ENFORCEMENT AUTHORITY IS CON- SISTENT WITH THE TERMS OF THE DEC. 28, 1982 DELEGATION. THE TNRCC HAS BEEN NOTIFIED OF THE REGION'S INTENTION TO REFER THIS ACTION TO THE DEPARTMENT OF JUSTICE. THEREFORE, EPA HAS THE PRIMARY ENFORCEMENT LEAD IN THIS ACTION. ADDRESS : HIGHWAY 77 P.O. BOX BISHOP, TEXAS 78343

Defendants (1)

• CELANESE ENGINEERING RESINS, INC. BISHOPNamed in complaintNamed in settlement

Facilities (2)

• TICONA POLYMERS INCORPORATED

  1 MILE S. OF BISHOP TEXAS HWY. 77 BUSINESS, BISHOP, TX, 78343

  Registry ID: 110000599790

• TICONA POLYMERS INCORPORATED

  1 MILE S. OF BISHOP TEXAS HWY. 77 BUSINESS, BISHOP, TX, 78343

  Registry ID: 110000599790

Statutes cited

• CAA 114 — Record keeping, Inspection, Information Request
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• CELANESE ENGINEERING RESINS, INC.entered 2000-06-05

  Primary law: CAA

  Federal penalty: $300,000

Timeline (7 milestones)

• 1994-01-01Enforcement Action Data Entered
• 1994-03-31Referred To Dept Of Justice
• 1995-03-01Complaint Filed With Court
• 2000-06-02Final Order Lodged
• 2000-06-05Concluded
• 2000-06-05Final Order Entered
• 2001-06-16Enforcement Action Closed