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KTX Limited, KTX Properties Inc., et al., Clean Air Act Violations, Texas 2011
Four Texas companies have agreed to pay a total of $3.5 million in fines and penalties for criminal violations of the Clean Air Act at two oil and chemical processing facilities in Texas.
The companies, KTX Limited and KTX Properties Inc., were charged with negligently releasing hazardous air pollutants after a tank explosion at their chemical and petroleum processing facility in Port Arthur, Texas, on March 31, 2011. The explosion killed one worker and severely injured two others.
According to the plea agreement, the defendants authorized two contract workers to perform welding on piping connected to a tank at their Port Arthur facility. However, they falsified the ‘hot work’ permit issued to the workers and failed to properly drain, isolate, and decontaminate the tank and connecting equipment as required by Occupational Safety and Health Act (OSHA) regulations.
‘The dishonest failure to adhere to workplace standards and practices can lead to death and injury to American workers who deserve better, as this case tragically shows,’ said Assistant Attorney General John C. Cruden for the Environment and Natural Resources Division. ‘The Justice Department is committed to enforcing environmental and workplace safety laws that protect workers from this kind of egregious behavior and to help ensure it doesn’t happen again.’
The information also charges Crosby LP and Ramsey Properties LP with failing to monitor leaks of ground-level ozone (smog) producing air pollutants at their chemical processing facility in Crosby, Texas, from 2008 until 2012. The defendants admitted to falsifying records and reports for these Title V permit requirements to the Environmental Protection Agency (EPA) and the Texas Commission of Environmental Quality.
The plea agreement requires the companies to pay a total of $3.3 million in criminal fines, in addition to a $200,000 community service payment to the Southern Environmental Enforcement Network (SEEN). The payment will be used by SEEN for hazardous air release prevention and emergency response training to state and local environmental and law enforcement agencies.
‘When handled or stored improperly, chemicals can result in severe injuries or even death, so protecting communities from the harmful effects of hazardous chemicals is a priority for EPA,’ said Special Agent in Charge Christopher R. Brooks of EPA’s criminal enforcement program for Texas. ‘This case emphasizes the importance of having – and following – a plan to manage risks associated with storing hazardous chemicals, which help companies avoid accidents and enable local emergency responders to be better prepared.’
The case serves as a reminder of the importance of enforcing environmental and workplace safety laws to protect workers and communities from the harmful effects of hazardous chemicals.
Key Facts
- State: Texas
- Category: Environmental Crimes
- Source: DOJ Press Release â†â€â€
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