EPA v. HUNTSMAN POLYMERS CORPORATION

Case summary

1. VOLUNTARY DISCLOSURE PURSUANT TO THE EPA'S POLICY GUID- ANCE, INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLOS- URE, CORRECTION AND PREVENTION OF VIOLATION. 2. HUNTSMAN POLYMERS CORPORATION 2400 S. GRANDVIEW ODESSA, ECTOR COUNTY, TEXAS 79766 3. RESPONDENT, UNDER THE SELF-POLICING POLICY, DISCLOSED VIOLATIONS OF SECTION 311J OF THE CWA, SECTION 112 OF THE CAA, SECTION 301 OF THE CWA AND SECTION 3005 OF RCRA. THE VIOLATIONS INCLUDED: 1) FACILITY'S SPCC PLAN WAS NOT UP- DATED TO CORRECT THE INCONSISTENCIES BETWEEN THE PLAN AND ACTUAL TANK AND CONTAINMENT CONDITIONS AT THE FACILITY; 2) NO DOCUMENTATION OF WHEN A PUMP SEAL WAS REPAIRED; 3) THE LDAR PROGRAM CONTRACTOR DID NOT INDICATE THE YEAR ON THE CALIBRATION FORMS; DATE; 4) FOUR OPEN ENDED LINES WITHOUT CAPS OR PLUGS WERE DISCOVERED; 5) THE 1995 WASTE ANALYSIS PLAN DOES NOT REFLECT MODIFICATIONS MADE IN THE MANNER IN WHICH IT WAS EXECUTED; 6) THE ON-SITE LAB DID NOT PARTICIPATE IN THE EPA'S QA/QC PROGRAM BY THE NATION- AL ENVIRONMENTAL LABORATORY ACCREDITATION CONFERENCE; AND 7) MISSING, INCOMPLETE OR INCORRECT DATA WAS DOCUMENTED IN HISTROICAL FORMS AND RECORDS. 4. RELIEF SOUGHT PURSUANT TO THE SELF-POLICING POLICY, EPA WILL REVIEW THE RESPONDENT'S DISCLOSURE, CORRECT AND PRE- VENTION OF VIOLATION, AND PAST COMPLIANCE HISTORY, AND MAKE A DETERMINATION AS TO THE RESPONDENT'S QUALIFICATION TO THE SELF-POLICING POLICY AND IF EPA WILL SEEK GRAVITY- BASED PENALTIES OR NOT.

Defendants (1)

• HUNTSMAN POLYMERS CORPORATION

Facilities (4)

• HUNTSMAN POLYMERS CORPORATION

  2400 S GRANDVIEW, ODESSA, TX, 79766

  Registry ID: 110000466102

• HUNTSMAN POLYMERS CORPORATION

  2400 S GRANDVIEW, ODESSA, TX, 79766

  Registry ID: 110000466102

• HUNTSMAN POLYMERS CORPORATION

  2400 S GRANDVIEW, ODESSA, TX, 79766

  Registry ID: 110000466102

• HUNTSMAN POLYMERS CORPORATION

  2400 S GRANDVIEW, ODESSA, TX, 79766

  Registry ID: 110000466102

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CAA 112 — Hazardous Air Pollutants
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• CWA 311J — SPCC and/or Federal Response Plan Violations

Timeline (2 milestones)

• 2000-11-29Complaint Filed/Proposed Order
• 2000-12-04Enforcement Action Data Entered