EPA v. Akzo Nobel Polymer Chemicals, LLC

Case summary

On June 26, 2013, EPA Region 6 issued a Consent Agreement and Final Order (CAFO) under its authority pursuant to the Clean Air Act to Akzo Nobel Polymer Chemicals. The CAFO was issued in response to violations of: Section 112(r)(1) of the Clean Air Act. The CAFO requires Akzo Nobel Polymer Chemicals to pay an assessed penalty of $35,000 within 30 days of the effective date of the CAFO. Pursuant to section 112(r)(l) of the CAA, 42 U.S.C. § 7412(r)(1), an owner/operator of a stationary source producing, processing, handling or storing substances listed pursuant to section 112(r)(3) of the CAA, 42 U.S.C. § 7412(r)(3), or any other extremely hazardous substance, has a general duty to: (1) identify hazards which may result from accidental releases of such substances using appropriate hazard assessment techniques; (2) design and maintain a safe facility, taking such steps as are necessary to prevent releases; and (3) minimize the consequences of accidental releases that do occur.

Defendants (1)

• Akzo Nobel Polymer Chemicals, LLCNamed in complaintNamed in settlement

Facilities (2)

• NOURYON FUNCTIONAL CHEMICALS BATTLEGROUND

  LOCATED E OF AND ADJACENT TO ST HWY 134 APPROX 250, DEER PARK, TX, 77571

  Registry ID: 110000463374

• NOURYON FUNCTIONAL CHEMICALS BATTLEGROUND

  LOCATED E OF AND ADJACENT TO ST HWY 134 APPROX 250, DEER PARK, TX, 77571

  Registry ID: 110000463374

Statutes cited

• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause

Enforcement conclusions (1)

• Akzo Nobel Polymer Chemicals, LLCentered 2013-06-26

  Primary law: CAA

  Federal penalty: $35,000

Timeline (4 milestones)

• 2013-06-13Complaint Filed/Proposed Order
• 2013-06-24Enforcement Action Data Entered
• 2013-06-26Final Order Issued
• 2013-07-16Enforcement Action Closed