EPA v. UNION CARBIDE CHEMICALS AND PLASTICS COMPANY, INC.

Case summary

RESPONDENT IS A CORPORATION DOING BUSINESS IN THE STATE OF TEXAS. AT ALL TIMES RELEVANT TO THIS COMPLAINT, RESPONDENT HAS BEEN THE OWNER AND OPERATOR OF A SYNTHETIC CHEMICAL MANUFACTURING COMPLEX LOCATED IN TEXAS CITY, TEXAS (THE FACILITY ). VINYL CHLORIDE IS AMONG THE CHEMICALS PRODUCED AT THE FACIL- ITY. THE FACILITY IS INVOLVED IN THE HANDLING AND PRODUCTION OF BENZENE. ON OR ABOUT DEC. 1 THROUGH ON OR ABOUT DEC. 17, 1992, EPA CONDUCTED AN INSPECTION OF THE FACILITY ( THE INSPECTION ), PURSUANT TO SECTION 114 OF THE ACT, 42 U.S.C. SEC. 7414. AT THE TIME OF THE INSPECTION, THE FACILITY WAS ENGAGED IN ASBESTOS DEMOLITION OR RENOVATION ACTIVITY, INCLUDING THE REMOVAL OF RACM IN EXCESS OF 80 LINEAR METERS (260 LINEAR FEET) ON PIPES OR 15 SQUARES METERS (160 SQUARE FEET) ON OTHER FACILITY COMPONENTS, OR 1 CUBIC METER (35 CUBIC FEET) OFF FACILITY COMPONENTS WHERE THE LENGHT OR AREA COULD NOT BE MEASURED PREVIOUSLY. THE FACILITY EMITS HAZARDOUS AIR POLLUTANTS AS THAT TERM IS DEFINED. THE FACILITY IS A STATIONARY SOURCE AS THAT TERM IS DE- FINED. VIOLATIONS: COUNT 1: RESPONDENT WAS IN VIOLATION BY USING A CALIBRATION GAS CYLINDER THAT DID NOT HAVE A RECOMMENDED MAXIMUM SHELF LIFE AFFIXED TO IT TO CALIBRATE THE VINYL CHLORIDE MONITOR- ING SYSTEMS FOR SVR #1 AND SVR #2. COUNT 2: RESPONDENT VIOLATED REGULATIONS BY FAILING TO MARK EACH PIECE OF EQUIPMENT IN VHAP SERVICE IN SUCH A MANNER THAT EACH COULD BE DISTINGUISHED READILY FROM OTHER PIECES OF EQUIPMENT. COUNT 3: RESPONDENT VIOLATED REGULATIONS BY FAILING TO EQUIP OPEN ENDED VALVES WITH A CAP, BLIND FLANGE, PLUG OR A SECOND VALVE SO AS TO SEAL THE OPEN END AT ALL TIMES EXCEPT DURING OPERATIONS REQUIRING PROCESS FLUID FLOW THROUGH THE VALVE. COUNT 4: RESPONDENT VIOLATED REGULATIONS BY FAILING TO AF- FIX THE EXPIRATION DATE ON THE CALIBRATION GAS USED TO CAL- IBRATE THE INSTRUMENT USED FOR MONITORING EQUIPMENT IN BEN- ZENE SERVICE. COUNT 5: RESPONDENT VIOLATED REGULATIONS BY FAILING TO AD- HERE TO THE RECORD KEEPING REQUIREMENT AS SPECIFIED AFTER A LEAK IS DETECTED. COUNT 6: RESPONDENT VIOLATED REGULATIONS BY FAILING TO MAINTAIN WASTE SHIPMENT RECORDS OF ASBESTOS-CONTAINING MAT- ERIAL TRANSPORTED OFF THE FACILITY SITE WHICH INCLUDED THE APPROXIMATE QUANTITY IN CUBIC METERSOR CUBIC YARDS. THE PROPOSED PENALTY IS $194,550.00. SIC CODE: 2813

Defendants (1)

• UNION CARBIDE CHEMICALS AND PLASTICSNamed in complaintNamed in settlement

Facilities (1)

• UNION CARBIDE CORPORATION TEXAS CITY PLANT

  3301 5TH AVENUE SOUTH, TEXAS CITY, TX, 77590

  Registry ID: 110000505524

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• UNION CARBIDE CHEMICALS AND PLASTICS COMPANY, INC.entered 1994-10-13

  Primary law: CAA

  Federal penalty: $57,500

Timeline (5 milestones)

• 1993-11-19Enforcement Action Data Entered
• 1993-11-19Complaint Filed/Proposed Order
• 1994-10-13Final Order Issued
• 1994-10-26Compliance Achieved
• 1994-10-26Enforcement Action Closed