EPA v. CYTEC INDUSTRIES, INC.

Case summary

1. SECTION 113 OF THE CLEAN AIR ACT ( CAA ), 42 U.S.C. SEC- TION 7413. 2. CYTEC INDUSTRIES, INC. 10800 RIVER ROAD WAGGAMAN, JEFFERSON PARISH, LOUISIANA 70094 3. AN AIR INSPECTION WAS CONDUCTED AT THE CYTEC INDUSTRIES, INC. FORTIER PLANT, WAGGAMAN, JEFFERSON PARISH, LOUISIANA FACILITY, ON JUL. 23 THROUGH JUL. 25,, 1996. THE LA. DEPT OF ENV. QUALITY (LDEQ) WAS ASKED TO PARTICIPATE IN THE INSPECTION BUT DECLINED. THE RESULTS OF THE INSPECTION WERE SENT TO THE LDEQ BY THE EPA INSPECTOR. FOLLOWING THE INSPECTION AND REVIEW OF RECORDS PROVIDED BY CYTEC, EPA FOUND VIOLATIONS OF THE NATIONAL EMISSION STANDARDS FOR ORGANIC HAZARDOUS AIR POLLUTANTS, ALSO KNOWN AS HAZARDOUS ORGANIC NESHAPS (HON) AND STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES OR NEW SOURCE PERFORMANCE STAND- ARDS (NSPS). THE VIOLATIONS WERE 1) FAILING TO EQUIP EACH OPEN-ENDED VALVE OR LINE WITH A CAP, BLIND FLANGE, PLUG, OR A SECONDVALVE, 2) FAILING TO PROVIDE ALL OF THE IN- FORMATION REQUIRED IN THE NOTIFICATION OF COMPLIANCE STA- TUS REPORT FOR THE ACRYLAMIDE UNIT, ACRYLONITRILE UNIT, ACRYLONITRILE UNIT, ACRYLONITRILE TANK FARM, METHANOL UNIT, METHANOL TANK FARM, AND METHYL METHACRYLATE UNIT, 3) FAILING TO REPAIR A DETECTED LEAK FROM PUMP T-5 IN THE METHYL METHACRYLATE UNIT NO LATER THAN 15 DAYS AFTER IT WAS DETECTED, AND 4) FAILING TO PROVIDE A NOTIFICATION OF THE ACTUAL DATE OF INITIAL STARTUP OF TANK AN-735 (31- 79), AND TANK AN-36 (8-73) WITHIN 15 DAYS AFTER SUCH DATE. 4. RELIEF SOUGHT PURSUANT TO SECTION 113 OF THE CAA, EPA REFERRED THIS MATTER TO DOJ FOR PROSECUTIVE ASSISTANCE SEEKING CIVIL PENALTIES AND INJUNCTIVE RELIEF.

Defendants (1)

• CYTEC INDUSTRIES, INC.Named in complaintNamed in settlement

Facilities (6)

• CYTEC INDUSTRIES INCORPORATED FORTIER PLANT

  10800 RIVER ROAD, WESTWEGO, LA, 70094

  Registry ID: 110049249075

• CYTEC INDUSTRIES INCORPORATED FORTIER PLANT

  10800 RIVER ROAD, WESTWEGO, LA, 70094

  Registry ID: 110049249075

• CYTEC INDUSTRIES INCORPORATED FORTIER PLANT

  10800 RIVER ROAD, WESTWEGO, LA, 70094

  Registry ID: 110049249075

• CYTEC INDUSTRIES INCORPORATED FORTIER PLANT

  10800 RIVER ROAD, WESTWEGO, LA, 70094

  Registry ID: 110049249075

• CYTEC INDUSTRIES INCORPORATED FORTIER PLANT

  10800 RIVER ROAD, WESTWEGO, LA, 70094

  Registry ID: 110049249075

• CYTEC INDUSTRIES INCORPORATED FORTIER PLANT

  10800 RIVER ROAD, WESTWEGO, LA, 70094

  Registry ID: 110049249075

Statutes cited

• CAA 112 — Hazardous Air Pollutants
• CAA 111E — Clean Air Act

Enforcement conclusions (1)

• CYTEC INDUSTRIES, INC.entered 1998-10-21

  Primary law: CAA

  Federal penalty: $132,000

Timeline (7 milestones)

• 1997-06-27Referred To Dept Of Justice
• 1997-07-01Enforcement Action Data Entered
• 1998-10-16Final Order Lodged
• 1998-10-16Complaint Filed With Court
• 1998-10-21Final Order Entered
• 1998-10-21Concluded
• 1998-11-25Enforcement Action Closed