EPA v. WESTLAKE PETROCHEMICALS CORP., A DELAWARE CORPORATION

Case summary

1. SECTION 113(D) OF THE CLEAN AIR ACT ( CAA ), AS AMENDED, 42 U.S.C. SECTION 7413(D). SECTION 325(C) OF THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT OF 1986 ( EPCRA ), 42 U.S.C. SECTION 11045(C). SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRCA ), 42 U.S.C. SECTION 6901 ET SEQ., AS AMENDED SECTION 16(A) OF THE TOXIC SUBSTANCES CONTROL ACT, AS A- MENDED ( TSCA ), 15 U.S.C. SECTION 2615(A). 2. WESTLAKE PETROCHEMICALS CORP., A DELAWARE CORPORATION 900 HIGHWAY 108, P.O. BOX 310 SULPHUR, CALCASIEU PARISH, LOUISIANA 70663 3. RESPONDENT WAS IN VIOLATION OF SECTIONS 110, 111, AND 112 OF THE CAA BY 1) FAILURE TO CONTROL THE EMISSION OF SMOKE FROM A FLARE, 2) FAILURE TO PROPERLY REPORT, 3) FAILURE TO MARK LEAKING COMPONENTS, AND 4) FAILURE TO PROPERLY TEST. RESPONDENT WAS IN VIOLATION OF SECTION 313(A) OF EPCRA BY 1) FAILURE TO REPORT FOR CHLORINE DIOXIDE FOR CALENDAR YEAR 1993, 2) FAILURE TO REPORT FOR CHLORINE DIOXIDE FOR CALENDAR YEAR 1994, 3) FAILURE TO REPORT FOR CHLORINE DIOXIDE FOR CALENDAR YEAR 1995, 4) FAILURE TO REPORT FOR CHLORINE DIOXIDE FOR CALENDAR YEAR 1996, AND 5) FAILURE TO REPORT FOR CHLORINE DIOXIDE FOR CALENDAR YEAR 1997. RESPONDENT WAS IN VIOLATION OF SECTION 3005(A) OF RCRA BY 1) OPERATING HAZARDOUS WASTE STORAGE UNITS WITHIN THE PRODUCT TESTING LABORATORY WITHOUT A PERMIT OR INTERIM STATUS BY FAILING TO MEET THE EXEMPTION REQUIREMENTS, 2) OPERATING A HAZARDOUS WASTE STORAGE UNIT WITHIN THE ABB MAINTENANCE YARD WITHOUT A PERMIT OR INTERIM STATUS BY FAILING TO MEET THE EXEMPTION REQUIREMENTS, 3) DISPOSAL OF HAZARDOUS WASTE IN THE ABB MAINTENANCE YARD WITHOUT A PERMIT OR INTERIM STATUS, AND 4) OPERATING A LESS THAN 90 DAYS HAZARDOUS WASTE STORAGE UNIT WITHIN THE PETRO I UNIT WITHOUT A PERMIT OR INTERIM STATUS BY FAILING TO MEET THE EXEMPTION REQUIREMENTS. RESPONDENT WAS IN VIOLATION OF SECTION 15(3)(B) OF TSCA BY 1) FAILURE TO ACCURATELY REPORT ONE CHEMICAL SUBSTANCE FOR THE 1994 INVENTORY UPDATE REPORT. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 113(D)OF THE CAA, 325(C) OF EPCRA, 3008(A) OF RCRA, AND 16(A) OF TSCA, EPA PROPOSED A CIVIL PENALTY OF $209,440 FOR THE CAA VIOLA- TIONS CITED; $65,000 FOR THE EPCRA VIOLATIONS CITED; $16,940 FOR THE RCRA VIOLATIONS CITED; AND $14,450 FOR THE TSCA VIOLATION CITED. THE TOTAL PROPOSED PENALTY IS $305,830. EPA ALSO ISSUED THE RESPONDENT A COMPLIANCE ORDER REQUIR- ING THE RESPONDENT TO: A) KEEP ALL HAZ. WASTE STORAGE DRUMS CLOSED, EXCEPT WHEN ADDING OR REMOVING WASTE, B) INSPECT THE HAZ. WASTE STORAGE CONTAINERS WEEKLY, C) PRO- VIDE SECONDARY CONTAINMENT SYSTEMS FOR HAZ. WASTE STORAGE CONTAINERS, D) CLEARLY LABEL OR MARK ALL HAZ. WASTE STOR- AGE DRUMS WITH THE WORDS HAZARDOUS WASTE OR ITS CON- TENTS, E) MARK ALL HAZ. WASTE STORAGE DRUMS WITH THE AC- CUMULATION START DATE, F) ENSURE THAT HAZ. WASTE IS PRO- PERLY DISPOSED OF OFF-SITE, G) PROVIDE A TRAINING PROGRAM FOR ALL ITS EMPLOYEES, AND H) SUBMIT TO EPA, WITHIN 90 DAYS, A WRITTEN CERTIFICATION THAT ACTIONS A THROUGH G HAVE BEEN COMPLETED. 5. TECHNICAL CONTACTS: KIMEKA PRICE - RCRA

Defendants (1)

• WESTLAKE PETROCHEMICALS CORP.Named in complaintNamed in settlement

Facilities (6)

• WESTLAKE PETROCHEMICALS CORPORATION

  900 EAST HIGHWAY 108, SULPHUR, LA, 70665

  Registry ID: 110043973509

• WESTLAKE PETROCHEMICALS CORPORATION

  900 EAST HIGHWAY 108, SULPHUR, LA, 70665

  Registry ID: 110043973509

• WESTLAKE PETROCHEMICALS CORPORATION

  900 EAST HIGHWAY 108, SULPHUR, LA, 70665

  Registry ID: 110043973509

• WESTLAKE PETROCHEMICALS CORPORATION

  900 EAST HIGHWAY 108, SULPHUR, LA, 70665

  Registry ID: 110043973509

• WESTLAKE PETROCHEMICALS CORPORATION

  900 EAST HIGHWAY 108, SULPHUR, LA, 70665

  Registry ID: 110043973509

• WESTLAKE PETROCHEMICALS CORPORATION

  900 EAST HIGHWAY 108, SULPHUR, LA, 70665

  Registry ID: 110043973509

Statutes cited

• CAA 111 — New Source Performance Standards
• RCRA 3005A — Res Conserv & Rec Act
• CAA 112 — Hazardous Air Pollutants
• TSCA 153B — Toxic Sub Control Act
• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• WESTLAKE PETROCHEMICALS CORP.entered 2000-06-19

  Primary law: CAA

  Federal penalty: $76,458

Timeline (4 milestones)

• 1999-04-22Complaint Filed/Proposed Order
• 1999-04-23Enforcement Action Data Entered
• 2000-06-19Final Order Issued
• 2005-07-12Enforcement Action Closed