EPA v. TEXAS PETROCHEMICALS CORP-Houston, TX-CAA Consent Decree-

Case summary

1. SECTION 113 OF THE CLEAN AIR ACT (CAA), AS AMENDED, 42 U.S.C. SECTION 7413. 2. TEXAS PETROCHEMICALS CORPORATION, A TEXAS CORPORATION 8600 PARK PLACE BOULEVARD HOUSTON, HARRIS COUNTY, TEXAS 77017 3. RESPONDENT WAS IN VIOLATION OF THE NEW SOURCE PERFORMANCE STANDARDS (NSPS), THE NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAP), AND THE TEXAS STATE IMPLEMETATION PLAN (SIP) OF SECTIONS 110, 111 AND 112 OF THE CAA. THE VIOLATIONS INCLUDED: A) FAILING TO SUBMIT NOTIFICATION OF INITIAL STARTUP OF AN AFFECTED FACILITY, AS REQUIRED, 2) FAILING TO PROVIDE A NOTICE OF COMPLIANCE STATUS REPORT, AS REQUIRED, 3) FAILING TO PLUG 5 OPEN-ENDED LINES IN THE BUTADIENE UNIT AS REQUIRED, 4) FAILING TO PLUG OPEN-ENDED LINES IN VOC SERVICE (BUTENE) AS REQUIRED, 5) FAILING TO ADEQUATELY WET REGULATED ASBESTOS MATERIAL 6) FAILING TO PROVIDE A COMPLETE NOTIFICATION OF DEMOLITION OR RENOVATION AS REQUIRED, AND 7) FAILING TO HAVE A GENERATION NUMBER AND LOCATION OF GENERATION OF WASTE ASBESTOS-CONTAINING MATERIALS ON CONTAINERS READY FOR WASTE TRANSPORT.4. R ELIEF SOUGHT PURSUANT TO SECTION 113 OF THE CAA, EPA REFERRED A DIRECT REFERRAL TO DOJ REQUESTING DOJ TO INITIATE A CIVIL ENFORCEMENT ACTION AGAINST THE RESPONDENT, TEXAS PETROCHEMICALS CORPORATION FOR THE VIOLATIONS CITED. INJUNCTIVE RELIEF IS NOT REQUIRED IN THIS CASE BECAUSE THE FACILITY HAS DOCUMENTED ITS RETURN TO COMPLIANCE WITH THE REGULATIONS CITED. EPA IS SEEKING A PROPOSED CIVIL PENALTY OF $225,000 FOR THE VIOLATIONS CITED.

Defendants (1)

• TEXAS PETROCHEMICALS CORPORATIONNamed in settlement

Facilities (1)

• TEXAS PETROCHEMICALS CORPORATION

  8600 PARK PL. BLVD., HOUSTON, TX, 770172513

  Registry ID: 110000461134

Statutes cited

• CAA 112 — Hazardous Air Pollutants
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• TEXAS PETROCHEMICALS CORP-Houston, TX-CAA Consent Decree-FY2002entered 2002-04-18

  Primary law: CAA

  Federal penalty: $113,750 · SEP: $100,000

Timeline (6 milestones)

• 1999-06-30Referred To Dept Of Justice
• 1999-07-01Enforcement Action Data Entered
• 2001-12-11Complaint Filed With Court
• 2001-12-11Final Order Lodged
• 2002-04-18Concluded
• 2002-04-18Final Order Entered