EPA v. Firestone Polymers LLC-Lake Charles Facility-CAA Consent Decree (R6 Lead)-2022

Case summary

On September 30, 2021, the U.S. Department of Justice (DOJ), on behalf of the U.S. Environmental Protection Agency (EPA), and the Louisiana Department of Environmental Quality (LDEQ) lodged a consent decree to resolve claims against Firestone Polymers, LLC (Firestone) for violating federal and state requirements during the production of styrene-butadiene rubber and polybutadiene rubber at its Lake Charles synthetic rubber manufacturing facility located in Calcasieu Parish, south of Sulphur, Louisiana (Facility). The consent decree requires injunctive relief and civil penalties for violations of (1) the Clean Air Act (NESHAPs and 112(r)), its implementing regulations, and the delegated Louisiana program, (2) CERCLA requirements, (3) EPCRA requirements, (4) Pollution Prevention Act requirements, and (5) the Louisiana state air pollution control requirements governed by the Louisiana Environmental Quality Act and implementing regulations. The decree provides for payment of a total civil penalty of $3,350,000, ($2,098,678.50 payable to U.S. and $1,251,321.50 to Louisiana) and performance of injunctive relief that includes installation of instrumentation and monitoring systems on flares to achieve 98% combustion efficiency, and operational requirements for recently installed pollution control equipment to minimize emissions. The decree provides for the performance of a mitigation project to sample, repair, inspect, and replace leaking heat exchangers, and payment of $654,000 for a Beneficial Environmental Project to be administered by the Louisiana Department of Environmental Quality and dedicated to relocating or upgrading the Westlake ambient air monitoring site, upgrading and replacing equipment at multiple ambient air monitoring sites in the Southwest Louisiana Ambient Air Monitoring System, or purchasing field monitoring equipment for LDEQ's Southwest Regional Office. Cheryl Barnett is acting as special counsel for DOJ in this matter. The press release includes quotes from the RA, AAG Kim (DOJ), and Dr. Brown (LDEQ).

Defendants (1)

• Firestone Polymers, LLCNamed in complaintNamed in settlement

Facilities (2)

• FIRESTONE POLYMERS LLC - LAKE CHARLES FACILITY

  1801 LA-108, SULPHUR, LA, 70665

  Registry ID: 110041921935

• FIRESTONE POLYMERS LLC - LAKE CHARLES FACILITY

  1801 HWY 108 E, SULPHUR, LA, 70665

  Registry ID: 110041921935

Statutes cited

• CAA 111 — New Source Performance Standards
• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)
• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• EPCRA 304 — Emergency Release Notification Section 313 Program
• CAA TITLE5 — Title V Permits
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• CAA PART63 — MACT Standards (40 CFR Part 63)

Enforcement conclusions (1)

• Firestone Polymers LLC-Lake Charles Facility-CAA Consent Decree (R6 Lead)-2022entered 2022-02-08

  Primary law: CAA

  Federal penalty: $2,098,679 · State/local: $1,251,322

Timeline (5 milestones)

• 2018-02-26Referred To Dept Of Justice
• 2018-03-07Enforcement Action Data Entered
• 2021-09-30Final Order Lodged
• 2021-09-30Complaint Filed With Court
• 2022-02-08Final Order Entered