Clean Air Act Violations Force Shut Down of Sulfuric Acid Plant, Cos. Pay 2M Penalty

Graphic by Speedysigns.com

WASHINGTON, D.C.- DuPont and Lucite International, Inc. have agreed to pay a $2 million civil penalty to settle Clean Air Act violations at a sulfuric acid plant in Belle, W. Va., according to a joint announcement made today by the U.S. Environmental Protection Agency, the U.S. Department of Justice, and the state of West Virginia.

The sulfuric acid plant is located on a 100-acre chemical manufacturing complex along the Kanawha River. The plant is owned by Lucite and operated by DuPont. The companies will pay $1 million to the United States and $1 million to the state of West Virginia.

In addition, the companies chose, on their own, to shut down the sulfuric-acid manufacturing unit of a larger chemical facility at the site. The settlement confirms the agreement that the sulfuric acid unit is scheduled to shut down by April 1, 2010.

“Sulfur dioxide emissions can be harmful to children, the elderly, and people with heart and lung conditions. Today’s settlement will reduce emissions of harmful pollutants and send a message to companies planning to make modifications that they must follow the law,” said William C. Early, acting regional administrator for the EPA’s mid-Atlantic region.

In a joint complaint, filed concurrently with the consent decree, the United States and West Virginia allege that the companies made modifications to their plant in 1996 without first obtaining pre-construction permits and installing required pollution control equipment.

The consent decree, lodged today in the U.S. District Court for the Southern District of West Virginia is subject to a 30-day public comment period and approval by the federal court.