EPA v. Union Carbide-Seadrift, TX-RMP CAFO

Case summary

The covered processes identified in Paragraphs 17 and 21 are subject to the Program 3 requirements of the RMP regulations and must, among other things, comply with the Program 3 Prevention Program of 40 CFR Part 68, Subpart D. As a result of EPA's investigation, the following violations occurred: 1. Respondent violated 40 CFR 68.30(b) and 68.165(b)(12) by failing to note certain information in its December 15, 2016 RMP; 2. Respondent violated 40 CFR 68. 160(b)(7) by failing to include in its RMP the correct maximum quantity of a certain regulated substance in the Site Services Logistics process and the amount of a certain regulated substance in the Glycol Ethers process; 3. Respondent violated 40 CFR 68.65(d)(1)(ii) and 68.75(d) by failing to timely update a P&ID showing a certain new tank; 4. Respondent violated 40 CFR 68.67(g) by failing to retain complete copies of certain PHAs for the life of the processes; 5. Respondent has violated Section 114(a)(1) of the Act, 42 USC 7414(a)(1) by failing to timely provide the required documents to EPA; 6. Respondent violated 40 CFR 68.69(c) by failing to timely certify that the operating procedures for the Block 12 and Block 25 process units in the Catalyst facility for 2016 are current and accurate; 7. Respondent violated 40 CFR 68.95(a) by failing to properly develop and implement its emergency response plan.

Defendants (1)

• Union Carbide CorporationNamed in complaintNamed in settlement

Facilities (1)

• UCC SEADRIFT OPERATIONS

  7501 STATE HIGHWAY 185 N, SEADRIFT, TX, 77983

  Registry ID: 110007175154

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• Union Carbide-Seadrift, TX-RMP CAFOentered 2019-06-25

  Primary law: CAA

  Federal penalty: $114,313

Timeline (6 milestones)

• 2019-06-17Complaint Filed/Proposed Order
• 2019-06-25Final Order Issued
• 2019-07-01Enforcement Action Data Entered
• 2019-07-18Compliance Achieved
• 2019-07-22Air Resolved
• 2019-07-22Enforcement Action Closed