The Environmental Protection Agency recently released an internal Clean Air Act “watch list” that includes serious or chronic violators of the act that have faced no formal enforcement action within nine months of the violation. The list is dated September 2011 and had never been made public before now.
Out of the 464 facilities listed nationwide and 29 listed in the state, four are in St. Charles Parish including Union Carbide in Taft, Motiva in Norco, International Matex Tank Terminals in St. Rose and Galata Chemicals in Hahnville.
In a 2008 report, the EPA stated that the list helps the agency identify “chronically non-complying facilities whose violations have not been formally addressed by either the state or the EPA.”
According to the Center for Public Integrity, those on the list may have violated any number of rules, from failing to adhere to state or federal orders or failing to obtain a permit to having high emissions of hazardous pollutants. The center also said that some facilities may appear on the list for other reasons, including enforcement officers tracking a polluter’s compliance with a court order, a company being in negotiations with authorities, or a company that has alleged violations that have not been proven.
“IMTT was surprised to learn that its St. Rose terminal is on the EPA list,” according to an IMTT company statement. “Like all major source facilities, IMTT’s St. Rose terminal has a large and complex air permit containing hundreds of requirements. At times, IMTT – as other similar facilities – has deviated from some permit terms and conditions, all of which have been self-reported to the Louisiana Department of Environmental Quality (LDEQ) consistent with LDEQ policies and procedures.
“None of the deviations resulted in significant impact to air quality. IMTT is currently working with LDEQ to resolve the self-reported items included in these reports.”
Officials at Union Carbide were also unaware of any violations at the Taft facility.
“Union Carbide is not aware of any existing violation or any past violation for which the St. Charles Operations facility in Taft has been cited or for which agency enforcement action is open that would meet the ‘high priority violation’ criteria described in the EPA policy,” said Tommy Faucheux, public affairs manager for Union Carbide and DOW. “We have no information about the facility’s inclusion on this list beyond the listing itself.”
The list does not state which violations the St. Charles companies are accused of.
However, 95 percent of the facilities on the list were classified as “high priority violators,” according to the Center for Public Integrity. There is no indication of whether or not the St. Charles facilities are part of that 95 percent.
“It is our position that any list of high priority violations need not be maintained as a ‘secret watch list’ and we would prefer not only that it be in the public view but that it be openly communicated to the alleged violators so that those facilities on the list can work expeditiously with the agencies to resolve the underlying allegations,” Faucheux said.
Like IMTT, Union Carbide said the company always self-discloses any non-compliances or deviations from permit requirements in a timely manner to the EPA.
“St. Charles Operations has demonstrated consistent compliance with applicable environmental laws and regulations and governing permit terms and conditions and has developed a solid compliance history,” Faucheux said. “This facility is operating in compliance with all applicable laws and regulations.”
Motiva and Galata Chemicals did not return calls requesting comment by press time.
The Center for Public Integrity’s iWatch News and NPR obtained the EPA list through a Freedom of Information Act request.
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