The federal government, on request of the Administrator of the Environmental Protection Agency (EPA), filed a complaint Wednesday alleging that the Chevron Phillips Chemical Company of violating of the Clean Air Act, as well as related regulations and operating permits.
According to the complaint, the United States files this complaint based on the defendant’s failure to adhere to good air pollution control practices.
The defendant owns and operates three facilities in Texas. The defendant’s Clean Air Act violations resulted in thousands of tons of illegal emissions of pollutants.
The United States provided notices of violations to the defendant; the thirty-day period required by the Clean Air Act between notices of violation and commencement of civil action passed. T
The Clean Air Act authorizes the EPA to initiate a judicial enforcement action for an injunction to address the defendant’s violations, as well as to seek civil penalties of up to $37,500 per day for each violation from January 13, 2009 to November 2, 2015, and up to $109,024 per day for each violation that occurs after November 2, 2015, the complaint explained.
The United States requests in the complaint’s prayer for relief: the ordering of the defendant to take all necessary actions to operate its’ facilities in compliance with the Clean Air Act, the permanent enjoinment of the defendant from operating the defendant’s facilities except in accordance with the Clean Air Act, the ordering of the defendant to take other appropriate actions to mitigate the harm caused by the Clean Air Act violations, and an assessment and award of penalties for the violations.
