EPA v. EXXON CORPORATION D/B/A EXXON CHEMICAL AMERICAS - BATON ROUG

Case summary

1. SECTION 113(D) OF THE CLEAN AIR ACT ( CAA ), 42 U.S.C. SEC. 1713(D), AS AMENDED, AND SECTIONS 309(A)(3) AND 309 (G) OF THE FEDERAL WATER POLLUTION CONTROL ACT, 33 U.S.C. SEC. 1319(A)(3) (THE CLEAN WATER ACT OR CWA ); AND 40 C.F.R. SECS. 22.13 AND 22.43(B). 2. EXXON CORPORATION D/B/A EXXON CHEMICAL AMERICAS - BATON ROUGE CHEMICAL PLANT 4999 SCENIC HIGHWAY BATON ROUGE, LOUISIANA 70821 FACILITY ID NO. LA000812818 PERMIT NO. LA0005401 DOCKET OR INDEX NO. MM-94-R6-001-A,W 3. EXXON HAS VIOLATED REGULATIONS OF THE CAA ON FOUR COUNTS: 1. RESPONDENT VIOLATED 40 C.F.R. SEC. 60.482-6(A) BY FAILING TO EQUIP OPEN-ENDED VALVE # KUC 011 WITH A CAP, BLIND FLANGE, OR A SECOND VALVE SO AS TO SEAL THE OPEN END AT ALL TIMES EXCEPT DURING OPERATIONS REQUIR- ING FLUID FLOW THROUGH THE OPEN -ENDED VALVE OR LINE. 2. RESPONDENT VIOLATED 40 C.F.R. SECS. 61.112(A) AND 61. 242-6(A) BY FAILING TO EQUIP VALVE # KUB 326 WITH A CAP, BLIND FLANGE, PLUG, OR A SECOND VALVE SO AS TO SEAL THE OPEN END. 3. RESPONDENT VIOLATED 40 C.F.R. SECS. 61.112(A) AND 61. 242-1(D) BY FAILING TO MARK VALVE # 12801 IN SUCH A MANNER THAT EACH COULD BE DISTINGUISHED READILY FROM OTHER PIECES OF EQUIPMENT. 4. RESPONDENT HAS VIOLATED 40 C.F.R. SECS. 61.112(A) AND 61.242-7(A) BY FAILING TO MONITOR ON A MONTHLY BASIS VALVE # 12801 TO DETECT LEAKS BY THE METHOD SPECIFIED IN 40 C.F.R. SEC. 61.245(B). RESPONDENT WAS IN VIOLATION OF CWA REGULATIONS AS FOLLOW: A. RESPONDENT HAS VIOLATED PART I.A. OF THE PERMIT BY FAILING TO PERFORM TOD ANALYSIS COOLING TOWER BLOWDOWN ANALYSIS FOR OUTFALLS 002, 003,AND 004. B. RESPONDENT HAS VIOLATED PART I.A. BY EXCEEDING THE DA- ILY MAXIMUM DISCHARGE LIMITATION FOR BOD FOR OUTFALL 001 ON JAN. 16, 1991 AND JUN. 30, 1993. C. RESPONDENT VIOLATED PART I.A. BY EXCEEDING THE MAXIMUM DISCHARGE LIMITATIONS FOR TSS FOR OUTFALL 001 ON MAY 23, 1989 AND DEC. 25, 1989. D. RESPONDENT VIOLATED PART I.A. BY EXCEEDING THE DAILY MAXIMUM DISCHARGE LIMITATION FOR TOD OUTFALL ON DEC. 2, 1990 AND JAN. 16, 1993. E. RESPONDENT HAS VIOLATED PART III.B.4.D. OF THE PERMIT BY BYPASSING UNTREATED WASTEWATER INTO MONTE SANO BA- YOU AND STORMWATER OUTFALLS 003 AND 004 ON NOV. 7, 1989, AUG. 30, 1991, SEPT. 7, 1991, JUN. 8, 1992, JUL. 30, 1992, AUG. 3, 1992, JAN. 21, 1993, MAR. 18, 1993, APR. 20, 1994 AND JUL. 8, 9 AND 17TH, 194. F. RESPONDENT VIOLATED PART I.A. BY FAILING TO MAINTAIN THE PH OF WASTEWATER FROM OUTFALL 002 ON JUN. 8, 1992. G. RESPONDENT VIOLATED PART II.C.3 OF THE PERMIT IN THAT RESPONDENT'S BOD ANALYSIS DOES NOT INVOLVE THE USE OF SEED CONTROL, DILUTION WATER CHECKS, AND MEASUREMENT OF THE INITIAL DO. H. RESPONDENT VIOLATED PART II.C.3 BY FAILING TO IMMEDIA- TELY PRESERVING THE OIL AND GREASE STORMWATER DISCHAR- GE SAMPLES. I. RESPONDENT HAS VIOLATED PART III.E. OF THE PERMIT IN THAT RESPONDENT FAILED TO COMPOSITE SAMPLES OF VOLA- TILE ORGANIC COMPOUNDS. 4. RELIEF SOUGHT PURSUANT TO SECTION 113(D) OF THE CAA BY PROPOSING A CIVIL PENALTY OF $133,000.00 FOR THE CAA VIO- LATIONS AND PURSUANT TO SECTION 309(A)(3) OF THE CWA BY ISSUING AN ORDER REQUIRING THE RESPONDENT TO CORRECT, ELIMINATE, AND PREVENT THE VIOLA

Defendants (1)

• EXXON CORPORATION D/B/A EXXON CHEMICALNamed in complaintNamed in settlement

Facilities (4)

• EXXONMOBIL CHEMICAL PLANT

  4999 SCENIC HIGHWAY, BATON ROUGE, LA, 70805

  Registry ID: 110000449970

• EXXONMOBIL CHEMICAL PLANT

  4999 SCENIC HIGHWAY, BATON ROUGE, LA, 70805

  Registry ID: 110000449970

• EXXONMOBIL CHEMICAL PLANT

  4999 SCENIC HIGHWAY, BATON ROUGE, LA, 70805

  Registry ID: 110000449970

• EXXONMOBIL CHEMICAL PLANT

  4999 SCENIC HIGHWAY, BATON ROUGE, LA, 70805

  Registry ID: 110000449970

Statutes cited

• CAA 112 — Hazardous Air Pollutants
• CWA 301 — NPDES Discharge without a Permit
• CWA 308 — Information Request, Records, Entry
• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• EXXON CORPORATION D/B/A EXXON CHEMICAL AMERICAS -entered 1995-10-04

  Primary law: CAA

  Federal penalty: $87,090

Timeline (5 milestones)

• 1994-09-30Complaint Filed/Proposed Order
• 1994-10-04Enforcement Action Data Entered
• 1995-10-04Final Order Issued
• 1995-10-16Compliance Achieved
• 1995-10-16Enforcement Action Closed