EPA v. HUNTSMAN POLYMERS CORPORATION - PILOT PLANT

Case summary

1. SECTION 113 OF THE CLEAN AIR ACT ( CAA 0, 42 U.S.C. SEC- TION 7413. 2. HUNTSMAN POLYMERS CORPORATION THE PILOT PLANT 2400 SOUTH GRANDVIEW ODESSA, ECTOR COUNTY, TEXAS 79761 3. RESPONDENT WAS IN VIOLATION OF THE STANDARDS OF PERFORM- ANCE FOR NEW STATIONARY SOURCES (NSPS) AND THE NATIONAL EMISSION STANDARDS OF HAZARDOUS AIR POLLUTANTS (NESHAP) OF SECTIONS 111 AND 112 OF THE CAA, AND THE TEXAS STATE IMPLEMENTATION PLAN (SIP) BY 1) FAILED TO CONDUCT RE- QUIRED INITIAL TESTING OF ITS POLYOLEFIN FLARE AND SUBMIT THE REPORT IN A TIMELY MANNER, 2) FAILED TO PROPERLY E- QUIP 4 OPEN-ENDED VALVES IN BENZENE SERVICE, 3) FAILED TO INCLUDE ALL WASTE STREAMS IN THEIR ANNUAL TAB REPORTS, 4) NOT INCLUDING ALL WASTES EXEMPTED FROM CONTROL IN THE CALCULATION OF THE ANNUAL TAB, 5) FAILED TO TEST ITS STY- RENE FLARE IN A TIMELY FASHION, 6) FAILED TO CONDUCT AND COMPLETE IN A TIMELY MANNER REPAIR OF VALVES, 7) FAILED TO CONDUCT AND COMPLETE IN A TIMELY MANNER REPAIR OF VALVES, 8) FAILED TO CONDUCT AND COMPLETE IN A TIMELY MANNER REPAIR OF CONNECTORS AND FLANGES, 9) FAILED TO CONDUCT AND COMPLETE IN A TIMELY MANNER REPAIR OF CON- NECTORS AND FLANGES, 10) FAILED TO CONDUCT AND COMPLETE IN A TIMELY MANNER REPAIR OF A LEAKING PUMP IN LIGHT LIQUID SERVICE, 11) FAILED TO CONDUCT AND COMPLETE IN A TIMELY MANNER REPAIR OF A LEAKING PUMP IN LIGHT LIQUID SERVICE, 12) FAILED TO CONDUCT FLARE PERFORMANCE TESTS BY NO LATER THAN THE COMPLIANCE DATE OF OCT. 24, 13) FAILED TO MAINTAIN RECORDS OF THE FLARE COMPLIANCE DEMONSTRA- TION, 14) FAILED TO PROPERLY REPORT THE MEANS OF COMPLI- ANCE FOR CERTAIN CONTROL DEVICES IN THE NOTIFICATION OF COMPLIANCE STATUS REPORT, 15) FAILED TO PROPERLY REPORT THE INITIAL NUMBER OF SURGE CONTROL VESSELS IN THE NOTI- FICATION OF COMPLIANCE STATUS REPORT, 16) FAILED TO SUP- PLY A DESCRIPTION OF THE TREATMENT PLAN FOR ITS INDUSTRI- AL PROCESS COOLING TOWER CT-8 LOCATED IN THE PILOT PLANT IN ITS NOTIFICATION OF COMPLIANCE, AND 17) FAILED TO RE- PAIR 2 VALVES IN VOC SERVICE AT THE POLYPROPYLENE PLANT. 4. RELIEF SOUGHT PURSUANT TO SECTION 113 OF THE CAA, EPA RE- FERED THIS DIRECT REFERRAL TO DOJ REQUESTING THE INITIA- TION OF A CIVIL ENFORCEMENT ACTION AGAINST THE RESPOND- ENT. EPA IS SEEKING INJUNCTIVE RELIEF AS WELL AS RECOVERY OF AN ASSOCIATED PENALTY. ALTHOUGH FORMAL PENALTY CALCU- LATIONS HAVE NOT YET BEEN COMPLETED, PRELIMINARY ESTI- MATES INDICATE THAT A PENALTY OF NO LESS THAN $936,042 WILL BE PURSUED BY THE LITIGATION TEAM.

Defendants (1)

• HUNTSMAN POLYMERS CORP. - PILOT PLANTNamed in complaintNamed in settlement

Facilities (4)

• HUNTSMAN POLYMERS CORP

  2400 N GRANDVIEW AVE, ODESSA, TX, 797611604

  Registry ID: 110000466102

• HUNTSMAN POLYMERS CORP

  2400 N GRANDVIEW AVE, ODESSA, TX, 797611604

  Registry ID: 110000466102

• HUNTSMAN POLYMERS CORP

  2400 N GRANDVIEW AVE, ODESSA, TX, 797611604

  Registry ID: 110000466102

• HUNTSMAN POLYMERS CORP

  2400 N GRANDVIEW AVE, ODESSA, TX, 797611604

  Registry ID: 110000466102

Statutes cited

• CAA 112 — Hazardous Air Pollutants
• CAA 111 — New Source Performance Standards

Timeline (5 milestones)

• 1998-09-30Referred To Dept Of Justice
• 1998-10-01Enforcement Action Data Entered
• 2003-04-02Complaint Filed With Court
• 2003-04-02Concluded
• 2003-04-03Enforcement Action Closed