EPA v. TPC Group-Port Neches_Houston,TX-RMP Consent Decree-FY2025

Case summary

EPA seeks injunctive relief and penalties against TPC Group for violations of Sections 112(r) of the Clean Air Act, 42 USC 7412(r), and 40 CFR Part 68 at its petrochemical manufacturing facilities located in Houston, Texas (HNO) and Port Neches, Texas (PNO).On May 21, 2024, EPA and the U.S. Department of Justice announced the filing of a felony criminal charge and lodging of a related civil complaint and consent decree (CD) under the CAA Sections 112(r)(1) and (7) against TPC Group for 53 violation counts at their Houston and Port Neches, TX facilities. TPC Group also pleaded guilty to one criminal count before the U.S. Magistrate Judge in the Eastern District of Texas for knowingly failing to implement its own written operating procedures. The CD and criminal filings address explosions resulting from a chemical accident on 11/27/2019 that caused injuries, evacuations and significant air pollution. The company has agreed to pay $12.1 million in civil penalties and spend approximately $80 million to improve its risk management program and improve safety issues at TPC's Port Neches and Houston facilities. The company also has agreed to pay $18 million in criminal fines. The criminal plea agreement also includes a one-year term of probation and publishing of a public apology. The Houston facility is located in an established Environmental Justice area/community, and both facilities are in the Administrator's Journey to Justice corridor. The proposed CD is subject to a 30-day public comment period and final court approval afterward.

Defendants (1)

• TPC Group, LLCNamed in complaintNamed in settlement

Facilities (3)

• HOUSTON PLANT

  8600 PARK PLACE BLVD, HOUSTON, TX, 77017

  Registry ID: 110000461134

• TPC GROUP PORT NECHES OPERATIONS

  2102 TX-136 SPUR, PORT NECHES, TX, 77651

  Registry ID: 110000599567

• TPC GROUP PORT NECHES OPERATIONS

  2102 TX-136 SPUR, PORT NECHES, TX, 77651

  Registry ID: 110000599567

Statutes cited

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

Enforcement conclusions (1)

• TPC Group-Port Neches_Houston,TX-RMP Consent Decree-FY2025entered 2025-01-15

  Primary law: CAA

  Federal penalty: $12,100,000

Timeline (7 milestones)

• 2021-09-28Referred TO U.S. Attorney
• 2021-09-28Referred To Dept Of Justice
• 2021-09-28Referred To Headquarters
• 2021-10-07Enforcement Action Data Entered
• 2024-05-21Final Order Lodged
• 2024-05-21Complaint Filed With Court
• 2025-01-15Final Order Entered