EPA v. LYONDELL PETROCHEMICAL COMPANY

Case summary

1. SECTION 112 OF THE CLEAN AIR ACT ( CAA ), 42 U.S.C. SEC- TION 7412. 2. LYONDELL PETROCHEMICAL COMPANY 12000 LAWNDALE HOUSTON, HARRIS COUNTY, TEXAS 77001 3. ON SEPT. 25, 1992, EPA REGION 6 COMMENCED A MULTI-MEDIA INSPECTION OF LYONDELL'S HOUSTON, TX. REFINERY. THE ONE WEEK INSPECTION INCLUDED A REVIEW OF THE REFINERY'S COM- PLIANCE WITH THE CAA, CWA, AND RCRA. VIOLATIONS OF BOTH THE CAA AND RCRA WERE IDENTIFIED; HOWEVER, THE RCRA VIO- LATIONS HAVE BEEN RESOLVED BY REGION 6 WITH THE ISSUANCE OF AN ADMINISTRATIVE COMPLAINT TOGETHER WITH A CONSENT A- GREEMENT AND CONSENT ORDER ASSESSING A $41,000 PENALTY FOR THE RCRA VIOLATIONS. THE ONLY OTHER VIOLATIONS IDENT- IFIED BY EPA REGION 6 THAT REQUIRES A FORMAL ENFORCEMENT RESPONSE RELATES TO THE CAA. THE EPA INSPECTORS IDENTIFI- ED SEVERAL POTENTIAL VIOLATIONS OF SECTION 112 OF THE CAA RELATING TO LYONDELL'S BENZENE PRODUCTION OPERATIONS AND ASBESTOS HANDLING PRACTICES. SUBSEQUENT INFORMATION RE- QUESTS AND MEETINGS WITH LYONDELL HAVE CONFIRMED THE VIO- LATIONS (AS WELL AS THEIR CORRECTION) WHICH ARE ADDRESSED IN THIS CIVIL LITIGATION REPORT. THE BENZENE VIOLATIONS DISCUSSED HEREIN RELATE TO LYON- DELL'S PRODUCTION OF HIGH PURITY AROMATIC STREAMS. AT THE TIME OF THE EPA INSPECTION IN 1992, LYONDELL WAS IN THE PROCESS OF UPGRADING THE REFINERY'S BENZENE LEAK DETECT- ION PROGRAM; HOWEVER, SEVERAL AREAS OF THE UPGRADE HAD NOT BEEN COMPLETED. AS A RESULT, EPA'S INSPECTORS NOTED SEVERAL VIOLATIONS OF THE NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAP) FOR BENZENE. IN PARTI- CULAR, THE EPA INSPECTOR NOTED: 1) 41 VALVES ON EQUIPMENT IN BENZENE SERVICE HAD NOT BEEN PROPERLY MARKED SO AS TO DISTINGUISH THEM FROM OTHER PIECES OF EQUIPMENT, IN VIO- LATION OF 40 CFR SECTION 61.242-1(D); 2) 25 OPEN-ENDED VALVES IN BENZENE SERVICE WERE NOT EQUIPPED WITH A CAP, BLIND FLANGE, OR SECOND VALVE, IN VIOLATION OF 40 CFR SECTION 61.242-6(A)(1); 3) LYONDELL'S SEMI-ANNUAL REPORT, DATED APR. 14, 1992, FAILED TO INCLUDE THE REASONS FOR ALL DELAYS IN REPAIRS FOR EQUIPMENT FOUND TO BE LEAKING BENZENE EMISSIONS, IN VIOLATION OF 40 CFR SECTION 61.247 (B)(2); AND 4) 8 VALVES IN BENZENE SERVICE WERE FOUND TO BE VISIBLY LEAKING, IN VIOLATION OF THE GOOD AIR POLLU- TION CONTROL PRACTICES REQUIREMENT OF 40 CFR SECTION 61.12(C). IN ADDITION, ON THE LAST DAY OF THE INSPECTION, THE EPA INSPECTOR REVIEWED THE REFINERY'S ONGOING ASBESTOS RENO- VATION ACTIVITIES SUBJECT TO THE ASBESTOS NESHAP REQUIRE- MENTS. DURING THE COURSE OF THIS REVIEW, THE FOLLOWING WAS OBSERVED: 5) THREE BAGS OF ASBESTOS-CONTAINING MATER- IALS WERE TORN, ALLOWING THE ASBESTOS MATERIAL INSIDE TO BECOME DRY; THIS CONDITION VIOLATES 40 CFR SECTION 61.150 (A), OR IN THE ALTERNATIVE, 40 CFR SECTION 61.12(C). 4. RELIEF SOUGHT PURSUANT TO SECTION 113(B) OF THE CAA, EPA REFERRED THE CASE TO DOJ FOR CIVIL ACTION. THE EPA PRO- POSES A CIVIL PENALTY OF $158,515.87, WHICH LYONDELL HAS AGREED TO PAY. 5. THE REFERRAL WAS SENT TO DOJ ON SEPT. 26, 1996.

Defendants (1)

• LYONDELL PETROCHEMICAL COMPANYNamed in complaintNamed in settlement

Facilities (2)

• LYONDELL CITGO REFINING COMPANY LIMITED

  12000 LAWNDALE, HOUSTON, TX, 77017

  Registry ID: 110058113704

• LYONDELL CITGO REFINING COMPANY LIMITED

  12000 LAWNDALE, HOUSTON, TX, 77017

  Registry ID: 110058113704

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• LYONDELL PETROCHEMICALentered 1997-02-10

  Primary law: CAA

  Federal penalty: $158,516

Timeline (7 milestones)

• 1995-08-31Enforcement Action Data Entered
• 1996-09-26Referred To Dept Of Justice
• 1997-02-03Complaint Filed With Court
• 1997-02-10Final Order Lodged
• 1997-02-10Final Order Entered
• 1997-02-10Concluded
• 1997-03-04Enforcement Action Closed