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HOUSTON – Texas plastics corporation will pay $2.85 million in civil penalties

Formosa Plastics Corporation has agreed to pay $2.85 million in civil penalties and improve its risk management program to resolve alleged violations of the Chemical Accident Prevention Provisions of the Clean Air Act (CAA) at their petrochemical manufacturing plant in Point Comfort.

The United States alleges 20 violations of the CAA. Formosa’s Point Comfort plant is subject to Section 112(r) of the CAA regulations, known as the Risk Management Program, which are designed to prevent the accidental release of hazardous substances.

The Environmental Protection Agency’s (EPA) investigation of Formosa was spurred by a series of fires, explosions and accidental releases at the Point Comfort plant spanning from May 2013 through October 2016. These accidents caused injuries to workers, including second- and third- degree burns and chlorine inhalation requiring hospitalization as well as property damage and the release of extremely hazardous substances to the environment.

“Formosa repeatedly failed to comply with the chemical accident prevention provisions of the CAA at the Point Comfort plant, repeatedly placing their workers, neighbors and the environment in serious danger,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “This settlement will ensure Formosa’s compliance with essential regulations intended to protect workers and the community as well as help prevent dangerous chemical releases from occurring in the future.”

Formosa will be required to update its response and personal protection plans to prevent employee injury, conduct a third-party audit of its risk management practices, perform corrective actions based on audit results and develop key performance indicators to evaluate future compliance.

The cost of the injunctive relief is estimated to be at least $1.4 million and will greatly improve the safe management of hazardous substances at the facility.

According to the EPA, reducing the risk to human health and the environment by decreasing the likelihood of chemical accidents at chemical facilities is a top priority for EPA’s enforcement and compliance assurance program.

The proposed consent decree is subject to a 30-day public comment period and court review and approval. A copy of the consent decree is available on the Justice website at www.justice.gov/enrd/Consent_Decrees.html.

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