Document p2mERzBJG5jMqgk0zxKwZn14d

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Region6 1445 Ross Avenue, Suite 1200 Dallas, Texas 75202- 2733 6 JUN 2016 CERTIFIED MAIL- RETURN RECEIPT REQUESTED: 7014 0150 0000 2453 4143 DouglasB. Melancon Envirorunental Engineer E.I. DuPont de Nemours & Co. 560 Highway 44 LaPlace, LA 70068 Re: E.I. DuPont de Nemours & Co., Docket CAA-06-201 6-3387 Dear Mr. Melancon: Enclosed is a fully executed Consent Agreement and Final Order (CAFO) in the matter referenced above for execution by E.I. DuPont de Nemours & Company. As provided in the CAFO, E.I. DuPont de Nemours & Co., will have thirty (30) days from the effective date ofthe order to pay the civil penalty of$37,500. If you have any questions regarding this CAFO, please contact Jeffrey Clay? Assistant Regional Counsel, at (214) 665-7297. Sincerely, z: c~~ JOhn Blevins Director ..---"'\ . Compliance Ass\ ranee and Enforcement D1vision E ncl osure UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6 DALLAS, TEXAS 2015 ,1 I- ' F I' - .,... . """) . J ' , In the Matter of: E. I. duPont de Nemours and Company, Respondent EPA Docket No. CAA-06-2016-3387 CONSENT AGREEMENT AND FINAL ORDER The Director of the Compliance Assurance and Enforcement Division of the United States Environmental Protection Agency ("EPA"), Region 6 ("Complainant") and E. I. duPont de Nemours and Company (" Respondent" or " DuPont") 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 1. This proceeding for 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. 741 3(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), 22.18(b)(2) and (3), and 22.34. 2. For purposes of this proceeding, Respondent admits the jurisdictional allegations contained herein; however, Respondent neither admits nor denies the specific factual allegations contained in this CAFO. E . I. duPont de Nemours and Company Docket No. CAA-06-2016-3387 3. Respondent explicitly waives any right to contest the allegations and its right to appeal the proposed Final Order set forth herein, and waives all defenses, which have been raised or could have been raised to the claims set forth in this CAFO. 4. Compliance with all the terms and conditions of this CAFO shall only resolve Respondent's liability for federal civil monetary penalties for those violations and facts alleged in this CAFO. 5. Respondent consents to the issuance of this CAFO and to the assessment and payment of the stated civil penalty in the amount and by the method set forth in this CAFO. II. ALLEGATIONS 6. Respondent is a corporation authorized to do business in the State of Louisiana. 7. Respondent is a "person" as that term is defined by section 302(e) of the CAA, 42 U.S.C. 7602(e). 8. At the time of the incidents described herein, Respondent owned and operated a chemical plant at 560 Highway 44 in LaPlace, Louisiana ("Facility") where regulated substances and other extremely hazardous substances are produced, processed, stored, and handled, and from which an accidental release could occur. 9. The Facility is a "stationary source" as that term is defined by section 112(r)(2)(C) of the CAA, 42 U.S.C. 7412(r)(2)(C). 10. Respondent is the "owner or operator" of a stationary source and the Facility. 11. Within the Facility, at the time of the incidents described herein, Respondent used and produced butadiene, chlorine, pentane, sodiwn hydroxide, hydrochloric acid, Page 2 of ll E. I. du Pont de Nemours and Company Docket No . CAA-06-2016-3387 toluene, 1,4-dichloro-2-butene, 3,4-dichloro-1butene, chloroprene monomer, resin, and neoprene rubber. 12. On June 11, 2015, a release of3,940 pounds of toluene occurred at the Facility. Approximately 725 pounds of toluene material evaporated to the atmosphere through volatilization during the release. The rel ease.was caused by the failure of a flange gasket due to thermal expansion. The toluene supply header pump was locked out for maintenance and the header was not de-inventoried during the lock-out process, and remained blocked in through the heat of the day on June 11, 2015, which in turn allowed the gasket to suffer thermal expansion and associated loss of utility. 13. On June 17,2015, a Monomer area process operator discovered a leak occurring from a recirculation line on the Isomerization Reactor. Respondent calculated that approximately 12 pounds of 1,4-dichloro-2-butene and 10 pounds of 3,4-dichloro-1butene volatilized to the ambient air. The release was caused by a process line failure which itself was caused by a failed gate valve located immediately upstream of the leak point. No conclusive determination was made as to why the gate valve failed. 14. Toluene is an extremely hazardous flammable substance. 15. Respondent did not design and maintain a safe facility on June 11, 2015 by failing to ensure a leakage of toluene caused by the failure of a flange gasket. 16. Pursuant to section 112(r)(l) of the CAA, 42 U.S.C. 74 12(r)(l), an owner/operator of a stationary source producing, processing, handling or storing substances listed pursuant to section 112(r)(3) of the CAA, 42 U.S.C. 7412(r)(3), or any other extremely hazardous substance, has a general duty to: (l) identify hazards which may result from accidental releases ofsuch substances using appropriate hazard assessment techniques; (2) design and maintain a safe facility, taking such steps as are Page 3 of ll E. I. du Pont de Nemours and Company Docket No. CAA-06-2016-3387 necessary to prevent releases; and (3) minimize the consequences of accidental releases that do occur. 17. Respondent failed to design and maintain a safe facility and did not take such necessary steps to prevent accidental releases ofToluene by failing to de-inventory the toluene supply header while maintenance was performed on the associated pump. 18. Respondent's failure constitutes a violation of the general duty clause in section 112(r)(l) of the CAA, 42 U .S.C. 7412(r)(1). 19. Respondent is therefore subject to the assessment of penalties pursuant to sections 113(a)(3) and 113(d)(l)(B) ofthe CAA, 42 U.S.C. 7413(a)(3) and 7413(d)(l)(B), for at least one day of violation of the general duty clause of section 112(r)(l) of the CAA, 42 U.S.C. 7412(r)(l). III. TERMS OF SETTLEMENT A. CIVIL PENALTY 20. Pursuant to the authority granted in sections 113(a)(3) and 11 3(d)(l)(B) of the CAA, 42 U.S.C. 7413(a)(3) and 7413(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 benefit of noncompliance, and the seriousness of the violation, as well as other factors which justice may require, EPA and Respondent agree that an appropriate penalty to settle this matter is $37,500. 2 l . Respondent shall pay the assessed penalty within thirty (30) days of the effective date ofthis CAFO. Respondent shall pay the assessed civil penalty by certified check, cashier's check, or wire transfer, made payable to "Treasurer, United States of Page 4 of ll E. I. du Pont de Nemours and Company Docket No. CAA-06-2016-3387 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 Fines and Penalties Cincinnati Finance Center P.O. Box 979077 St. Louis, MO 63197-9000 For overnight mail (non-U.S. Postal Service), the check should be remitted to: U.S. Bank Government Lockbox 979077 U.S. EPA, Fines and Penalties 1005 Convention Plaza SL-MO-C2-GL St. Louis, MO 631 0 l Phone No. (314) 418-1028 For wire transfer, the payment should be remitted to: Federal Reserve Bank of New York ABA: 021030004 Accow1t No. 68010727 SWIFT address = FRNYUS33 33 Liberty Street New York, NY 10045 Field Tag 4200 of the Fedwire message should read "D 68010727 Environmental Protection Agency" PLEASE NOTE: Docket number CAA-06-2016-3387 shall be clearly typed on the check to ensure proper credit. If payment is made by check, the check shall also be accompanied by a transmittal letter 1d shall reference the Respondent's name and . . address, the case name, and the docket number ofthis 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 E. I. duPont de Nemours and Company Docket No. CAA-06-2016-3387 transmittal letter or wire transfer instructions to the following: Samuel Tates Chief, 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, Region 6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733 Respondent' s adherence to these in.structions will ensure that proper credit is given when penalties are received in the Region. 22. Respondent agrees not to claim or attempt to claim a federal income tax deduction or credit covering all or any pa11 of the civil penalty paid to the U nited States Treasurer. 23. Pursuant to 31 U.S.C. 3717 and 40 C.F.R. 13.11 , unless otherwise prohibited by Jaw, 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 claim. Interest on the civil penalty assessed in this CAFO will begin to accrue thirty (30) days after the effective date of the CAFO and will be recovered by EPA on any amount of the civi l penalty that is not paid by the due date. Interest will be assessed at the rate of the United States Treasury tax and loan rate in accordance with 40 C.F.R. 13.ll (a). Moreover, the costs of the Agency's administrative handling of overdue debts will be charged and assessed monthly throughout the period the debt is overdue. See 40 C.F.R. 13.11 (b). 24. EPA will also assess a $1 5.00 administrative handling charge for Page 6 of 11 E. I. du Pont d~ Nemours and Company Docket No. CAA-06-2016-3387 administrative costs on unpaid penalties for the first thirty (30) day period after the payment is due and an additional $15.00 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. 13.1l(c). Should a penalty charge on the debt be required, it shall accrue from the first day payment is delinquent. See 31 C.F.R. 901 .9(d). Other penalties for failure to make a payment may also apply. B. PARTIES BOUND 25. 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 CAPO 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 E1\TFORCEMENT RIGHTS 26. EPA does not waive any rights or remedies available to EPA for any other violations by the Respondent ofFederal or State laws, regulations, or permitting conditions. 27. Nothing in this CAFO shall relieve the Respondent of the duty to comply with all applicable provisions of section 112(r) of the CAA, 42 U. S.C. 741 2(r), and 40 C.F.R. Part 68. 28. Nothing in this CAFO shall limit the power and authority ofEPA 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 substances, pollutants, or contaminants at or from the Facility. Furthermore, nothing in Page 7 of ll E. I. du Pont de Nemours and Comp any Docket No. CAA-06-2016-3387 this CAFO shall be construed to prevent or limit EPA's civil, inj unctive, or criminal authorities, or that of other Federal, state, or local agencies or departments to obtain penalties or injunctive relief under Federal, state, or local laws or regulations. 29. In any subsequent administrative or judicial proceeding initiated by the Complainant or the United States for injunctive relief, civil penalties, or other appropriate relief, 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 specifically resolved pursuant to this CAFO. D. COSTS 30. Each party shall bear its own costs and attorney's fees. Furthermore, Respondent specifically waives its right to seek reimbursement of its costs and attorney's fees under 5 U.S.C. 504 and 40 C.F.R. Part 17. E. EFFECTIVE DATE 31. Thjs CAFO becomes effective upon filing with the Regional Hearing Clerk. Page 8 of 11 E.J. duPont de Nemours .and Company Do-eket No. CAA-06-2016-3387 THE UNDERSIGNED J?ARTIES CONSENT TO THE ENTRY OF TIDS CONSENT AGREEME.NT AND FINAL ORDER: FOR THE RESPONDENT: Z({~mQ,'bJ((, Da:te Regional Manufacturing Dir.- Americas E. I. du Pont de Nemours and Company FOR THE COMPLAINANT: 6 JUN 2016 Date John Blevins Director Compliance Assurance and Enforcement Div. Page 9 ofll E. I. du Pont de Nemours and Company Docket No. CAA-06-2016-3387 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 of Civil 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. 22.31(b), this Final Order shall become effective upon filing with the Regional Hearing Clerk. .- ; ~ .-~~/ ~-~ ~a~ .,.. :;.~:.'---/~~~~ . Date: (o - q - / ~ Thomas Rucki Regional Judicial Officer Page 10 ofll E. I. du Pont de Nemours and Company Docket No. CAA-06-2016-3387 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: # 7ti'k!Stl'C:vC2/6J1ft/-J Susan L. Siegfried DPM Business SHE Leader E.I. du Pont deNemours and Company 974 Centre Rd, CRP 730 P.O. Box 2915 Wilmington, DE 19805 jq /I b J.olh Date: __:.....l.,r:-L-f--'= ..L...>O:' - - - U.S. EPA, Region 6 Dallas, Texas Page 11 of ll