EPA v. CHEVRON PHILLIPS CHEMICAL CO-PASADENA PLASTICS-CONSENT DECREE-2004

Case summary

1. SECTION 113 OF THE CLEAN AIR ACT ( CAA ), 42 U.S.C. SECTION 7413. 2. CHEVRON PHILLIPS CHEMICAL COMPANY, A DELAWARE CORP, 1400 JEFFERSON, PASADENA, HARRIS COUNTY, TEXAS 77506 3. RESPONDENT WAS IN VIOLATION OF SECTIONS 111 AND 112(R) OF THE CAA BY: 1) FAILURE TO IDENTIFY AND LOG COMPONENTS IN VOC SERVICE, AS REQUIRED (POLYETHYLENE UNIT #6); 2) FAILURE TO IDENTIFY AND LOG COMPONENTS IN VOC SERVICE, AS REQUIRED (POLYETHYLENE UNIT #7); 3) FAILURE TO IDENTIFY AND LOG COMPONENTS IN VOC SERVICE, AS REQUIRED (POLYETHYLENE UNIT #8; 4) FAILURE TO IDENTIFY AND LOG COMPONENTS IN VOC SERVICE, AS REQUIRED (POLYPROPYLENE HAC); 5) FAILURE TO IDENTIFY AND LOG COMPONENTS IN VOC SERVICE, AS REQUIRED (POLYPROPYLENE GPH); 6) FAILURE TO IDENTIFY AND LOG COMPONENTS IN VOC SERVICE, AS REQUIRED (NEOHEXENE UNIT); 7)FAILURE TO MAINTAIN RECORDS INDICATING VISUAL INSPECTIONS OF PUMPS IN VOC SERVICE WAS PERFORMED, AS REQUIRED; 8)FAILURE TO CORRECTLY SEAL OPEN-ENDED VALVES IN VOC SERVICE, AS REQUIRED (LOADING/UNLOADING RACK); 9) FAILURE TO CORRECTLY SEAL OPEN-ENDED VALVES IN VOC SERVICE, AS REQUIRED (NEOHEXENE UNIT); 10) FAILURE TO CORRECTLY SEAL OPEN-ENDED VALVES IN VOC SERVICE, AS REQUIRED (POLYETHYLENE UNIT 8); 11) FAILURE TO INCLUDE A REGULATED SUBSTANCE (CHLORINE) IN THE RMP REGISTRATION, AS REQUIRED; 12)FAILURE TO MEANINGFULLY CONSULT WITH EMPLOYEES ON THE DEVELOPMENT OF PROCESS SAFETY MANAGEMENT, AS REQUIRED; 13)FAILURE TO MAINTAIN ADEQUATE OPERATING PROCEDURES, AS REQUIRED; 14) FAILURE TO HAVE AN ADEQUATE MANAGEMENT OF CHANGE PROCEDURE TO IMPLEMENT RECOMMENDED PROCEDURES FROM PRIOR INCIDENTS, AS REQUIRED; 15) FAILURE TO HAVE AN ADEQUATE EMERGENCY RESPONSE PROGRAM TO ADDRESS COORDINATION AND COMMUNICATION AT THE SCENE OF THE INCIDENT, AS REQUIRED; AND 16) FAILURE TO PREVENT THE ACCIDENTAL RELEASE OF EXTREMELY HAZARDOUS SUBSTANCES AND TO MINIMIZE THE CONSEQUENCES OF ANY SUCH RELEASE, AS REQUIRED. 4. RELIEF SOUGHT PURSUANT TO SECTION 113 OF THE CAA. INJUNCTIVE RELIEF SOUGHT IN CONSENT DECREE: COMPANY WILL EXPEND $500K FOR AN AUDIT OF ITS RISK MANGEMENT PLAN BY AN INDEPENDENT ENGINEERING COMPANY & AGREE THAT ALL CONCERNS IDENTIFIED BY THIS AUDIT WOULD BE ADDRESSED. ONE YEAR GIVEN FOR AUDIT & TO ADDRESS CONCERNS AFTER DATE CONSENT DECREE IS ENTERED.

Defendants (1)

• CHEVRON PHILLIPS CHEMICAL COMPANYNamed in complaintNamed in settlement

Facilities (4)

• PASADENA PLASTICS COMPLEX

  1400 JEFFERSON, PASADENA, TX, 77506

  Registry ID: 110000462730

• CHEVRON PHILLIPS CHEMICAL COMPANY

  1400 JEFFERSON ST, PASADENA, TX, 77506

  Registry ID: 110000462730

• PASADENA PLASTICS COMPLEX

  1400 JEFFERSON, PASADENA, TX, 77506

  Registry ID: 110000462730

• CHEVRON PHILLIPS CHEMICAL COMPANY

  1400 JEFFERSON ST, PASADENA, TX, 77506

  Registry ID: 110000462730

Statutes cited

• CAA 112R — General Duty/Accidental Release
• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• CHEVRON PHILLIPS CHEMICAL CO-PASADENA PLASTICS-CONSENT DECREE-2004entered 2004-12-30

  Primary law: CAA

  Federal penalty: $1,800,000 · SEP: $1,200,000

Timeline (5 milestones)

• 2002-04-25Referred To Dept Of Justice
• 2002-05-07Enforcement Action Data Entered
• 2004-09-30Complaint Filed With Court
• 2004-09-30Final Order Lodged
• 2004-12-30Final Order Entered