Document Z1kaVLk0m7b2wjaBoz5x8nDO

REGION 6 DALLAS, TX 75270 TRANSMITTED VIA E-MAIL Heather Lyons, Operations Site Director Union Carbide Corporation P.O. Box 186 Port Lavaca, Texas 77979 hlyons@dow.com RE: Administrative Order; Docket Number: CWA-06-2024-1709 Union Carbide Corporation TPDES Permit Number: TX0002844 Dear Ms. Lyons: Enclosed is an Administrative Order (AO) issued to the Union Carbide Corporation, for violations of the Clean Water Act (CWA) (33 U.S.C. 1251 et seq.). Violations were identified during a review of the permit file and discharge monitoring reports submitted for the Seadrift Operations Plant. The violations alleged are for failure to meet permit effluent limitations. The EPA requests that you immediately confirm receipt of this e-mail and the attached order by a response e-mail to edelbrock.judy@epa.gov This AO does not assess a monetary penalty; however, it does require compliance with applicable federal regulations. The first compliance deadline is within thirty days of the effective date of the AO. The Environmental Protection Agency is committed to ensuring compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES) program and my staff will assist you in any way possible. Please reference AO Docket Number CWA-06-2024-1709 and TPDES Permit Number TX0002844 on your response. If you have any questions, please contact Ms. Judy Edelbrock my staff, at (214) 665-8582 or edelbrock.judy@epa.gov. Sincerely, Digitally signed by CHERYL SEAGER Date: 2023.12.14 11:11:10 -06'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Enclosure ec: kristy.deaver@tceq.texas.gov UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Region 6 FINDINGS OF VIOLATION AND COMPLIANCE ORDER Docket Number: CWA-06-2024-1709; TPDES Permit Number: TX0002844 STATUTORY AUTHORITY The following findings are made, and Order issued, under the authority vested in the Administrator of the United States Environmental Protection Agency (EPA), Section 309(a) of the Clean Water Act (the Act), 33 U.S.C. 1319(a). The Administrator of EPA delegated the authority to issue this Order to the Regional Administrator of EPA Region 6, who delegated this authority to the Director of the Enforcement and Compliance Assurance Division. FINDINGS 1. The Union Carbide Corporation (Respondent) is a "person," as that term is defined at Section 502(5) of the Act, 33 U.S.C. 1362(5), and 40 C.F.R. 122.2. 2. At all times relevant to this Order (all relevant times), Respondent owned or operated the Seadrift Operations Plant (facility) located at 7501 State Highway 185 North, Port Lavaca in Calhoun County, Texas 77983, and was, therefore, an "owner or operator" within the meaning of 40 C.F.R. 122.2. 3. At all relevant times, the facility acted as a "point source" of a "discharge" of "pollutants" with its final wastewater discharge via Outfalls 001 and 002 directly to Victoria Barge Canal Tidal in Segment 1701 of the Lavaca-Guadalupe Coastal Basin, via Outfall 004 to an unnamed ditch thence to San Antonio Bay/Hynes Bay/Guadalupe Bay in Segment No. 2462 of the Bays and Estuaries, which are "waters of the United States," within the meaning of Section 502 of the Act, 33 U.S.C. 1362, and 40 C.F.R. 122.2. 4. Because Respondent owned or operated a facility that acted as a point source of discharges of pollutants to waters of the United States, Respondent and the facility were subject to the Act and the National Pollutant Discharge Elimination System (NPDES) program. 5. Under Section 301 of the Act, 33 U.S.C. 1311, it is unlawful for any person to discharge any pollutant from a point source to waters of the United States, except with the authorization of, and in compliance with, an NPDES permit issued pursuant to Section 402 of the Act, 33 U.S.C. 1342. 6. Section 402(a) of the Act, 33 U.S.C. 1342(a), provides that the Administrator of EPA may issue permits under the NPDES program for the discharge of pollutants from point sources to waters of the United States. Any such discharge is subject to the specific terms and conditions prescribed in the applicable permit. 7. Section 402 of the Act, 33 U.S.C. 1342, authorizes states to request approval from EPA to administer their own permit programs for discharges into navigable waters within their jurisdiction. Pursuant to this provision, the State of Texas requested approval from EPA to administer its own permit program for discharges into navigable waters within Texas, and such approval was granted by EPA on September 14, 1998. Therefore, pursuant to the State's permit program, the Texas Commission on Environmental Quality (TCEQ) issued Texas Pollutant Discharge Elimination System (TPDES) permits. Violation of a TPDES permit is a violation of Section 301(a) of the Act, 33 U.S.C. 1311(a). 8. Respondent applied for and was issued TPDES Permit No. TX0002844 (permit) under Section 402 of the Act, 33 U.S.C. 1342, which was issued on July 8, 2021. At all relevant times, Respondent was authorized to discharge pollutants from the facility to waters of the United States only in compliance with the specific terms and conditions of the permit. 9. The permit includes "Monitoring and Reporting Requirements" that require Respondent to sample and test its effluent and monitor its compliance with permit conditions according to specific procedures, in order to determine the facility's compliance or noncompliance with the permit and applicable regulations. The permit also requires Respondent to file with TCEQ certified Discharge Monitoring Reports (DMRs) of the results of monitoring, and Noncompliance Reports when appropriate. 10. The permit contains "Effluent Limitations and Monitoring Requirements" that place certain limitations on the quality and quantity of effluent discharged by Respondent. The relevant discharge limitations are specified in Attachment A, which is incorporated herein by reference. 11. Certified DMRs filed by Respondent with TCEQ in compliance with the permit show discharges of pollutants from the facility that exceed the permitted effluent limitations established in the permit, as specified in Attachment B, which is incorporated herein by reference. Docket No. CWA-06-2024-1709 Page 2 12. Each instance in which Respondent discharged pollutants to waters of the United States in amounts exceeding the effluent limitations contained in the permit was a violation of the permit and Section 301 of the Act, 33 U.S.C. 1311. SECTION 309(a)(3) COMPLIANCE ORDER Based on the foregoing Findings and pursuant to the authority of Section 309(a)(3) of the Act, 33 U.S.C. 1319(a)(3), EPA hereby orders Respondent to take the following action: A. Take such measures as are necessary to comply with all permit conditions, including Effluent Limitations and Monitoring and Reporting Requirements, no later than thirty (30) days from the effective date of the Order. B. Within thirty (30) days of the effective date of this Order, Respondent shall submit a list of the specific actions taken to correct the Flow , Total Residual Chlorine, Enterococci, pH, and Oil and Grease violations. C. Within thirty (30) days of the effective date of this Order, Respondent shall provide written certification to EPA Region 6 that the violations cited herein have been corrected and the facility is compliant with the requirements of the permit. D. In the event the Respondent believes complete correction of the violations cited herein is not possible within thirty (30) days of the effective date of this Order, Respondent shall, within thirty (30) days of the effective date of this Order, submit a comprehensive written plan for the elimination of the cited violations within the shortest possible time. Such plan shall describe in detail the specific corrective actions to be taken and why such actions are sufficient to correct the violations. The plan shall include a detailed schedule for the elimination of the violations within the shortest possible time, as well as measures to prevent these or similar violations from recurring. E. Any information or correspondence submitted by Respondent to EPA under this Order shall be submitted, via email to the following: GENERAL PROVISIONS Respondent may seek federal judicial review of the Order pursuant to Chapter 7 of the Administrative Procedure Act, 5 U.S.C. 701-706. Issuance of this Section 309(a)(3) Compliance Order shall not be deemed an election by EPA to waive any administrative, judicial, civil, or criminal action to seek penalties, fines, or other relief under the Act for the violations cited herein, or other violations that become known to EPA. EPA reserves the right to seek any remedy available under the law that it deems appropriate. Failure to comply with this Section 309(a)(3) Compliance Order or the Act may result in further administrative action, or a civil judicial action initiated by the United States Department of Justice. For purposes of the identification requirement in Section 162(f)(2)(A)(ii) of the Internal Revenue Code, 26 U.S.C. 162(f)(2)(A)(ii), and 26 C.F.R. 1.162-21(b)(2), performance of Paragraph 13 is restitution, remediation, or required to come into compliance with the law. This Order does not constitute a waiver or modification of the terms or conditions of Respondent's NPDES permit, which remain in full force and effect. Compliance with the terms and conditions of this Order does not relieve Respondent of its obligation to comply with any applicable federal, state, or local law or regulation. The effective date of this Order is the date it is received by Respondent. Date Digitally signed by CHERYL SEAGER Date: 2023.12.14 11:06:30 -06'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Ms. Judy Edelbrock ZZ Attachment A Union Carbide Corporation NPDES Permit ID: TX0002844 Effluent Characteristic Outfall: 001 Discharge Limitations Daily Avg. lbs/day Daily Max. lbs/day (mg/L) Enterococci Outfall: 002 Total residual chlorine pH, Outfall: 004 35 CFU/100ml Daily Avg. lbs/day N/A 5 minimum, SU Daily Avg. 104 CFU/100 ml Daily Max. lbs/day (mg/L) .02 (mg/L) NA Daily Max. Oil and Grease N/A 15 (mg/L) 001-The daily average dry-weather flow3 of effluent shall not exceed 5.80 million gallons per day (MGD). 002-The daily average dry-weather flow of effluent shall not exceed 12.0 million gallons per day (MGD). The daily maximum dry-weather flow shall not exceed 17.0 MGD. 002-The permittee shall maintain the pH within the range specified on pages 2c and 2f of this permit. Excursions from the range are permitted. An excursion is an unintentional and temporary incident in which the pH value of the wastewater exceeds the range set forth on pages 2c and 2f. A pH excursion is not a violation, and a non-compliance report is not required for pH excursions provided: The individual excursion does not exceed 60 minutes. TX0002844 Violations Attachmet B-Union Carbide Corporation Monitoring Period 02/28/2021 05/31/2021 06/30/2021 07/31/2021 07/31/2021 02/28/2022 04/30/2022 04/30/2022 09/30/2022 12/31/2022 12/31/2022 02/28/2023 05/31/2023 07/31/2023 Outfall Parameter 002 Chlorine, total residual 001 Flow [dry weather] 001 Flow [dry weather] 001 Enterococci 001 Flow [dry weather] 001 Enterococci 002 pH 002 pH range excursions, > 60 minutes 001 Enterococci 002 Chlorine, total residual 002 Flow [dry weather] 002 Chlorine, total residual 001 Flow [dry weather] 004 Oil & Grease Monitoring DAILY MX DAILY AV DAILY AV DAILY MX DAILY AV DAILY MX MINIMUM MO TOTAL DAILY MX DAILY MX DAILY MX DAILY MX DAILY AV DAILY MX Units mg/L MGD MGD CFU/100mL MGD CFU/100mL SU occur/mo CFU/100mL mg/L MGD mg/L MGD mg/L Permit Limit .2 5.8 5.8 104. 5.8 104. 5. 0 104. .2 17. .2 5.8 15. DMR Value .3 9.2 14.7 2420. 12.8 142. 3.5 2. 2420. .6 17.6 .3 7.6 24.