Document ajyxgeb3v8o3Ej08kn4amnEb

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION(,. DALLAS, TEXAS In the Matter of: lnvista S.i\ 1',1, Vietol'ia, Texas Respondent El' A Docket No. CAA-06-2016-3350 CONSENT AGREEMENT AND FINAL ORDER The Director of the Compliance Assurance and Enf(JI'cement Division of the United States Environmental Protection Agency ("EPA"), Region 6 ("Complainant") and INVISTA S.il r.l. ("Respondent") in the above-referenced proceeding, hereby agree to resolve this matter through the issuance of this Consent Agreement and Final Order ("CAFO"). I. PRELIMINARY STATEMENT I. This proceeding t(Jr the assessment of civil penalties is brought by EPA pursuant to sections 113(a)(3) and 113(d)(l)(B) of the Clean Air Act, as amended ("Act" or "CAA''), 42 U.S.C. 7413(a)(3) and 7413(d)(l )(B), and is simultaneously commenced and concluded through the issuance of this CAFO pursuant to 40 C.F.R. 22.13(b), 22.1 S(b)(2) and (3), and 22.34. Complainant and Respondent, having agreed that settlement of this action is in the public interest, consent to the entry of this Consent Agreement along with the corresponding Final Order hereinafter known together as "CAFO" without adjudication of any issues of law or lftct herein, and Respondent agrees to comply with the terms of the CAFO. lnvista S.a.r.l. Docket No. CAA-06-2016-3350 For pmposes of this proceeding, Respondent admits only the jurisdictional allegations contained herein; however, Respondent neither admits nor denies the spccilic factual allegations or conclusions of law contained in this CAFO. 2. Respondent waives any right to contest the allegations in the CAFO and its right to appeal the proposed Final Order set l(ll'th herein,. 3. This CAFO shall only resolve Respondent's liability I(Jr federal civil monetary penalties for those violations and facts alleged in this CAFO. 4. Respondent consents to the issuance of this CAFO and to the assessment and payment of the stated federal civil penalty in the amount and by the method set forth in this CAFO. II. ALLEGATIONS 5. Respondent is a limited liability company authorized to do business in the State of Texas. 6. Respondent is a "person" as that term is defined by section 302(e) of the CAA, 42 U.S.C. 7602(e). 7. Respondent owns a chemical plant at 2695 Old Bloomington Road North in Victoria, Texas ("Facility") where regulated substances and other extremely hazardous substances are produced, processed, stored, and handled, and flom which an accidental release could occur. 8. The racility is a "stationary source" as that term is dell ned by section I 12(r)(2)(C) of the CAA, 42 U.S.C. 7412(r)(2)(C). 9. Respondent is the "owner or operator" of a stationary source. Page 2 of 11 lnvista S.a.r.l. Docket No. CAA-06-20 16-3350 10. Within the f'acility, the Respondent produces nylon intermediates (adiponitrile (ADN), hexamethylenc diamine (HMC), adipic acid, C 12, and C 12 coproducts. II. On May 9. 2015, the f'acility started-up the OP-1 cyclohexane oxidation unit. Unknown to the unit operator there had been a t>tilme of' the cooling water inlet supply gate valve for the wash oil stripper condenser. Because of this lililurc the condenser did not properly cool the steam/cyclohexane mixture. As a result cyclohcxane was released to the ambient air. The failed cooling water valve was discovered five days later. The unit operator, once alerted to the f'ai led gate, shutdown the unit, had the gate repaired, and re-started the unit, which functioned properly. Over the five days, 18,102 pounds of cyclohexane was released. 12. The failed cooling water inlet supply gate was subsequently analyzed to determine causes of the metallurgic failure. The engagement slot of the valve gate was heavily corroded so as to be non-functiorJHI. 13. Although not listed under section ll2(r)(3) of the CAA, EPA considers cyclohexane to be an extremely hazardous flammable substance. 14. Pursuant to section 112(r)(l) of the CAA, 42 U.S.C. 7412(r)(l), an owner/operator of a stationary source producing, processing, handling or storing substances listed pursuant to section 112(r)(3) of the Ct\A, 42 U.S.C. 74 I 2(r)(3), or any other extremely hazardous substance, has a general duty to: (I) identify hazards which may result fiom 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. Page 3 of 11 lnvista S.a.r.l. Docket No. CAA-06-20 I6-3350 I5. Respondent failed to design and maintain a safe facility and did not take such necessary steps to prevent accidental releases of cyclohexane by 11tiling to properly maintain the cooling water supply inlet gate valve, which upon lltilure released cyclohcxanc to the ambient air. 16. Respondent's failure constitutes a violation of the general duty clause in section l I2(r)( I) of the CAA, 42 U.S.C. 74 I2(r)(l ). 17. Respondent is therefore subject to the assessment of penalties pursuant to sections ll3(a)(3) and I 13(d)(I)(B) of the CAA, 42 U.S.C. 74l3(a)(3) and 7413(d)( 1)(I3), for at least one day of violation of the general duty clause of section ll2(r)(l) of the CAA, 42 U.S.C. 74l2(r)(J). III. TERMS OF SETTLEMI~NT A. CIVIL PENALTY 18. Pursuant to the authority granted in sections ll3(a)(3) and I 13(d)(l)(B) of the CAA, 42 U.S.C. 7413(a)(3) and 74l3(d)(l )(B), and taking into consideration the size of the Respondent's business, the economic impact of the penalty on the Respondent's business, the Respondent's full compliance history and good faith efforts to comply, the duration of the violation, payment by Respondent of penalties previously assessed for the same violation (if any), the economic benellt of noncompliance, and the seriousness of the violation, as wei I as other factors which justice may require, EPA and Respondent agree that an appropriate penalty to seHie this matter is $30,000. 19. EPA agrees to notify Respondent simultaneously with the flling oft he fully executed CAFO with the Regional Hearing Clerk. Respondent shall pay the assessed penalty within thirty (30) days of the effective date of this CAFO. Respondent shall pay the assessed civil penalty by certilled check, cashier's check, or wire transfer, made Page 4 of ll Invista S.a.r.l. Docket No. CAA-06-20 16-3350 payable to "Treasurer, United States of America, EPA - Region 6." Payment shall be remitted in one of three ways: regular U.S. Postal mail (including certified mail), or U.S. Postal Service express mail - the check should be remitted to: U.S. Environmental Protection Agency Pines and Penalties Cincinnati Finance Center P.O. Box 979077 St. Louis, MO 63197-9000 For ovemight mail (non-U.S. Postal Service), the check should be remitted to: U.S. Bank Government Lockbox 979077 U.S. EPA, Pines and Penalties 1005 Convention Plaza SL-MO-C2-GL St. Louis, MO 63101 Phone No. (314) 418-1028 For wire transfer, the payment should be remitted to: Federal Reserve Bank of New York ABA: 021030004 Account No. 680 I 0727 SWIFT address= FRNYUS33 33 Liberty Street New York, NY 10045 Field Tag 4200 of the Fed wire message should read "0 680 I 0727 Environmental Protection Agency" l'LI(ASE NOTE:: Dod;et munber CAA-06-20!6-3350 shall be dearly typed on the checl< to ensure proper credit. If payment is made by check, the check shall also be accompanied by a transmittal letter and shall reference the Respondent's name and address, the case name, and the docket number of this CAFO. If payment is made by wire service, the wire transfer instructions shall reference the Respondent's name and address, the case name, and the docket number of this CAFO. The Respondent shall also send a simultaneous notice of such payment, including a copy of the check and Page 5 of 11 Invista S.a.r.l. Docket No. CAA-06-20 16-3350 transmi!!al lc!!er or wire transfer instructions to the following: Samuel Tates ChieC Surveillance Section (6EN-AS) Compliance Assurance and Enforcement Division U.S. EPA, Region 6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733 Lorena Vaughn Regional Hearing Clerk (6RC-D) U.S. EPA, Region6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733 Respondent's adherence to these instructions will ensure that proper credit is given when penalties are received in the Region. 20. Respondent agrees not to claim or attempt to claim a federal income tax deduction or credit covering all or any part of the civil penalty paid to the United States Treasurer. 21. Pursuant to 31 U.S.C. 3717 and 40 C.F.R. 13.11, unless otherwise prohibited by law, EPA will assess interest and late payment penalties on outstanding debts owed to the United States and a charge to cover the costs of processing and handling a delinquent daim. Interest on the civil penalty assessed in this CAFO will begin to accrue thirty (30) days after the cticctive date of the CAFO and will be recovered by EPA on any amount of the civil penalty that is not paid by the due elate. Interest will be assessed at the rate of the United States Treasury tax and loan rate in accordance with 40 C.F.R. ~ I3.11 (a). Moreover, the costs oft he Agency's administrative handling of overdue debts will be charged and assessed monthly throughout the period the debt is overdue. ,)'ee 40 C.F.R. I 3.11 (b). Page 6 of' II lnvista S.a.r.l. Docket No. CAA-06-2016-3350 22. EPA will also assess a$ I5.00 administrative handling charge for administrative costs on unpaid penalties for the first thirty (30) day period after the payment is due and an additional $I 5.00 for each subsequent thirty (30) day period that the penalty remains unpaid. In addition, a penalty charge of up to six percent per year will be assessed monthly on any portion of the debt which remains delinquent more than ninety (90) days. See 40 C.F.R. 13.11 (c). Should a penalty charge on the debt be required, it shall accrue fiom the llrst day payment is delinquent. See 3 I C.F.R. 901.9(d). Other penalties 1()1' failure to make a payment may also apply. B. PARTIES BOUND 23. The provisions of this CAFO shall apply to and be binding upon the parties to this action, their officers, directors, agents, employees, successors, and assigns. The undersigned representative of each party to this CAFO certifies that he or she is fully authorized by the party whom he or she represents to enter into the terms and conditions of this CAFO and to execute and to legally bind that party to it. C. RETENTION OF ENFORCI<:MI<;NT RIGHTS 24. EPA does not waive any rights or remedies available to EPA f(lr any other violations by the Respondent of federal or state laws, regulations, or permitting programs, except with respect to the claims that have been specifically resolved as provided in this CAFO. 25. Nothing in this CAFO shall relieve the Respondent of the duty to comply with section I 12(r)(J) of the CAA, 42 U.S.C. 7412(r)(l). 26. Nothing in this CAFO shall limit the power and authority of EPA or the United States to take, direct, or order all actions to protect public health, welfare, or the environment, or prevent, abate, or minimize an actual or threatened release of hazardous Page 7 of 11 lnvista S.a.l'.l. Docket No. CAA-06-20 16-3350 substances, pollutants, or contaminants at or nom the Facility. Furthermore, nothing in this CAFO shall be construed to prevent or limit EPA's civil, injunctive, or criminal authorities, or that of other federal, state, or local agencies or departments to obtain penalties or injunctive relief under other federal, state, or local laws or regulations, except with respect to the claims that have been specifically resolved pursuant to this CAFO. 27. In any subsequent administrative orjudicial proceeding initiated by the Complainant or the United States for injunctive relief~ civil penalties, or other appropriate relieC Respondent shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claimsplitting, or other defenses based upon any contention that the claims raised by the Complainant or the United States in the subsequent proceeding were or should have been brought in the instant case, except with respect to the claims that have been specitically resolved pursuant to this CAFO. D. COSTS 28. Each party shall bear its own costs and attorney's fees. Fmthermore, Respondent spccitically waives its right to seek reimbursement of its costs and attorney's tees under 5 U.S.C. 504 and 40 C.F.R. Part 17. E. EFFECTIVE DATE 29. This CAFO becomes et'lcetive upon filing with the Regional Hearing Clerk. Page 8 of 11 Jnvi sta S.a.r.l. Docket No. CAA-06-20 I6-3350 THE UNDERSIGNED PARTIES CONSENT TO THE ENTRY OF THIS CONSENT AGREEMENT AND FINAL ORDER: FOR THE RESPONDENT: 5'- 1 - ZoJ/, Date FOR THE COMPLAINANT: 5:10 /l,o Date U- Compliance Assurance and Enforcement Division Page 9 of ll Invista S.a.r.l. Docket No. CAA-06-2016-3350 FINAL ORDER Pursuant to section 113(d) of the CAA, 42 U.S.C. 7413(d), and the Consolidated Rules of Practice Governing the Administrative Assessment ofCivil Penalties, 40 C.F.R. Part 22, the foregoing Consent Agreement is hereby ratified. This Final Order shall not in any case affect the right of EPA or the United States to pursue appropriate injunctive or other equitable relief or criminal sanctions for any violations of law. This Final Order shall resolve only those causes of action alleged in this CAFO. Nothing in this Final Order shall be construed to waive, extinguish, or otherwise affect Respondent 's (or its officers, agents, servants, employees, successors, or assigns) obligation to comply with all applicable federal state, and local statutes and regulations, including the regulations that were the subject of this action. The Respondent is ordered to comply with the terms of settlement as set forth in the Consent Agreement. Pursuant to 40 C.F.R. 22.3 1(b), this Final Order shall become effective upon filing with the Regional Hearing Clerk. Date: S I D /Lo ~~- Thomas Rucki Regional Judicial Officer Page 10 ofll Invista S.a.r.l. Docket No. CAA-06-2016-3350 CERTIFICATE OF SERVICE I hereby certify that the original and a copy of the foregoing Consent Agreement and Final Order (CAFO) was hand-delivered to the Regional Hearing Clerk, U.S. EPA- Region 6, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733, and that a true and correct copy of the CAFO was placed in the United States Mail, to the following by the method indicated: CERTIFIED MAIL- RETURN RECEIPT REQUESTED: # ]OJ#lJ(5Z)JJ/l[i).d_ld:J337(q Kevin D. Bmke Site Manager 2695 Old Bloomington Road North Victoria, TX 77902-0513 Date: tJ -W -dO Uo U.S. EPA, Regi 116 Dallas, Texas Page 11oft!