EPA v. OCCIDENTAL CHEMICAL CORPORATION

Case summary

OCCIDENTAL CHEMICAL CORPORATION ( OCCIDENTAL ) OPERATES A CHEMICAL MANUFACTURING FACILITY IN TAFT/ HAHNVILLE, LA. (THE OCCIDENTAL FACILITY ) INVOLVED IN THE MANUFACTURE OF CHLO- RINE UTILIZING ASBESTOS DIAPHRAGM TECHNOLOGY, WHICH IS SUB- JECT TO THE EMISSIONS AND WORK PRACTICE STANDARDS OF THE NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR ASBESTOS, CODIFIED AT 40 C.F.R. PART 61, SUBPART M ( ASBES- TOS NESHAPS ). THIS OPERATION UTILIZES A BAG HOUSE TYPE OF EMISSIONS CONTROL DEVICE FOR THE PURPOSE OF ELIMINATING AS- BESTOS EMISSIONS FROM THE WORK ENVIRONMENT DURING OPERATIONS INVOLVING HANDLING AND USE OF ASBESTOS. ON NOV. 21 AND 22, 1991, INSPECTORS WITH EPA AND THE LOUIS- IANA DEPARTMENT OF ENVIRONMENTAL QUALITY (LDEQ) CONDUCTED A JOINT INSPECTION OF THE OCCIDENTAL FACILITY, TO DETERMINE COMPLAINCE WITH NSPS STANDARDS, NESHAP REGULATIONS, EXISTING PERMIT RESTRICTIONS, AND THE LOUISIANA STATE IMPLEMENTATION PLAN. RELEVANT TO THIS ACTION, THE INSPECTORS INSPECTED THE PORTIONS OF THE FACILITY, INVOLVING THE HANDLING AND USE OF ASBESTOS IN THE MANUFACTURE OF CHLORINE, WHICH ARE POTENTIAL SOURCES OF ASBESTOS EMISSIONS. THE INSPECTION REVEALED THAT RECORDS REQUIRED TO BE KEPT OF OBSERVATIONAL MONITORING IN THE AREA OF POTENTIAL ASBESTOS WERE NOT AVAILABLE AT THE FACILITY. THE INSPECTION ALSO REVEALED THAT RECORDS OF IN- SPECTIONS OF THE EMISSION CONTROL DEVICE WERE NOT AVAILABLE AT THE FACILITY. ON AUG. 18, 1992, EPA ISSUED AN INFORMATION REQUEST TO OC- CIDENTAL PURSUANT TO SECTION 114 OF THE CLEAN AIR ACT. IN ITS RESPONSE, OCCIDENTAL STATED THAT IT HAD NOT LOCATED WEEKLY INSPECTION RECORDS FOR THE PERIOD OF NOV. 7, 1990 THROUGH APR. 8, 1991. OCCIDENTAL PROVIDED COPIES OF THE WEEKLY INSPECTION RECORDS IT DID HAVE, AND SUPPLIED RECORDS OF WORK THAT HAD BEEN DONE ON THE EMISSION CONTROLS EQUIP- MENT. COPIES OF THE INSPECTION REPORTS PROVIDED BY OCCIDEN- TAL REVEALED THE VISIBLE EMISSIONS WHICH WERE NOT REPORTED. OCCIDENTAL ALSO PROVIDED DAILY VISIBLE EMISSIONS MONITORING REPORTS FOR TWO CALENDAR QUARTERS. THE VIOLATIONS CITED HERE IN ARE THOSE FOR WHICH EPA BELIEVES IT HAS ADEQUATE EVIDENCE TO SUPPORT AT THIS TIME. ADDRESS OF DEFENDANT: HIGHWAY 3142 AT HIGHWAY 18 TAFT, LOUISIANA 70057

Defendants (1)

• OCCIDENTAL CHEMICAL CORPORATIONNamed in complaintNamed in settlement

Facilities (2)

• OCCIDENTAL CHEMICAL CORP.

  266 HWY. 3142, HAHNVILLE, LA, 700572608

  Registry ID: 110000743296

• OCCIDENTAL CHEMICAL CORP.

  266 HWY. 3142, HAHNVILLE, LA, 700572608

  Registry ID: 110000743296

Statutes cited

• CAA 114 — Record keeping, Inspection, Information Request
• CAA 113 — Clean Air Act

Enforcement conclusions (1)

• OCCIDENTIAL CHEMICAL CORP.entered 1996-07-31

  Primary law: CAA

  Federal penalty: $112,837

Timeline (7 milestones)

• 1993-02-15Enforcement Action Data Entered
• 1994-03-28Referred To Dept Of Justice
• 1996-02-16Complaint Filed With Court
• 1996-07-31Final Order Lodged
• 1996-07-31Final Order Entered
• 1996-07-31Concluded
• 1996-08-13Enforcement Action Closed