Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SATURDAY, November 20, 1993 TAG: 9311200160
SECTION: VIRGINIA PAGE: C1 EDITION: METRO
SOURCE: CATHRYN McCUE STAFF WRITER
DATELINE: LENGTH: Medium
The Environmental Protection Agency filed a complaint in U.S. District Court this week against Hoechst Celanese Corp. for failing to monitor and control benzene emissions from 1984 to 1990.
In a news release issued Friday, Hoechst Celanese blasted the EPA enforcement action as "unjustified and unfair," adding that potential litigation costs would be better spent on environmental improvement projects.
The disagreement is over whether the company was exempt from complying with federal rules during that time.
The complaint lists 13 violations of the Clean Air Act, ranging from failure to keep proper records to failure to install certain equipment. Under federal law, Hoechst Celanese faces up to $25,000 in penalties per day per violation - which comes to more than $830 million.
"That's an unrealistic amount of money to expect the company to pay; that's why we left it up to the court," said Carrie Dietzel, spokeswoman for EPA's Region III.
She said the court, in assessing fines, must consider the seriousness of the violations, the economic impact on the company, and its regulatory history, as well as any financial gain the company experienced by not complying with the rules.
The complaint "does come as a surprise," Steve Wachnowsky, whos is environmental, health and safety manager at the Narrows plant, said Friday. "We've spent in excess of $40 million in eliminating benzene from the site."
Hoechst Celanese has reduced benzene emissions from its plant by one-third since 1988, Wachnowsky said. Two years ago, the company undertook a voluntary project to eliminate the use of benzene, going beyond state and federal requirements. The project will be complete by early next year, Wachnowsky said.
The EPA considers benzene a human carcinogen and developed strict regulations in 1984 to keep it from escaping from valves and pipes in manufacturing systems. Because these fugitive emissions are difficult to measure, regulations focus on monitoring for leaks and upkeep of equipment.
Studies have linked on-the-job benzene exposure to leukemia, chromosomal damage and blood disorders, according to the EPA.
Hoechst Celanese uses benzene to make acetate fibers for clothing and cigarette filters. Company officials previously have said that workers have not shown adverse health affects from working with the chemical.
Dietzel said the long delay in filing the complaint was not unusual. "There's always a lag time from the time of the violation to when we catch it to when we go through all the hoops to go to court."
She said that, according to the complaint, Hoechst Celanese never was exempt from federal benzene emission laws.
But in 1984, the company determined it was exempt because it used less than 2.2 million pounds of benzene per year, a standard for exemption. The company confirmed its interpretation with EPA officials in another region where it operates plants.
In 1989, the EPA changed its regulations to include recycled use of benzene - drastically increasing Hoechst Celanese's yearly use and pushing it over the exemption standard.
"The EPA's reinterpretation of the term `use' is comparable to saying that the average motorist uses tens of thousands of gallons of antifreeze each year because the two or three gallons in his or her car radiator circulate through the car's cooling system over and over again," the company's news release stated.
Hoechst Celanese said it would vigorously fight the charges.
by CNB