Executive Summary Enforcement Matter Case No. 54494 FORMOSA UTILITY VENTURE, LTD. and FORMOSA PLASTICS CORPORATION, TEXAS ?100213973 Docket No. 2017-0737-IWD-E Order Type: Findings Agreed Order Findings Order Justi?cation: Three or more enforcement actions (NOVs, orders, etc.) over the prior ?ve year period for the same violation[s). Media: 1WD Small Business: No Location(s) Where Violation(s) Occurred: Formosa Point Comfort Plant, 201 Formosa Drive, one mile north of the intersection of State Highway 35 and Farm-to?Market Road 1593, northeast of Point Comfort, Calhoun County Type of Operation: Manufacturing facility Other Signi?cant Matters: Additional Pending Enforcement Actions: Yes, Docket No. Past?Due Penalties: No Other: Interested Third- Parties: None Texas Register Publication Date: May 25, 2013 Comments Received: Yes, one comment was received from Mr. David Frederick with the law ?rm of Frederick, Perales, Allmon 8r Rockwell P. C. for Ms. Diane Wilson and the San Antonio Bay Estuarine Waterkeeper Penalty Information Total Penalty Assessed: $121,875 Total Paid to General Revenue: $121,875 Total Due to General Revenue: $0 Payment Plan: Compliance History Classi?cations: Person/CN - Satisfactory Site/ RN Satisfactory Major Source: Yes Statutory Limit Adjustment: Applicable Penalty Policy: April 2014 Page 1 of 3 Executive Summary Enforcement Matter Case No. 54494 FORMOSA UTILITY VENTURE, LTD. and FORMOSA PLASTICS CORPORATION, TEXAS RN100218973 Docket No. Investigation Information Complaint Date(s): Complaint Information: Date(s) of Investigation: April 4, 2017 Date(s) of May 1, 2017 Violation Information 1. Failed to prevent the discharge Of solids in other than trace amounts into or adjacent to any water in the state WATER CODE 30 TEX. ADMIN. CODE and Texas Pollutant Discharge Elimination System Permit NO. WQ0002436000, Ef?uent Limitations and Monitoring Requirements No. 3, Outfall Nos. 006, 008, and 009]. 2. Failed to properly analyze ef?uent samples [30 TEX. ADMIN. CODE 305.1250) and 319.11(c) and TPDES Permit No. WQ0002436000, Monitoring and Reporting Requirements No. Corrective Actions??echnical Requirements Corrective Action(s) Completed: The Respondents have implemented the following e0rrective measures: a. By June 29, 2017, collected and properly disposed of approximately 112,000 pounds of debris and plastic pellets from Lavaca Bay, and approximately 327,000 pounds of debris and plastic pellets from Cox Creek; and b. By July 31, 2017, determined the potential sources of the plastic pellets and implemented a pellet recovery system to minimize future discharges of solids, including plastic pellets from the Facility by installing a cone ?lter, ?oating booms, wedge and gate screens, and gabions. Technical Requirements: The Order will require the Respondents to: a. Within 30 days, implement a method to properly analyze ef?uent samples for chemical oxygen demand at the Facility; b. Within 45 days, submit written noti?cation of compliance with Page 2 of 3 Executive Summary Enforcement Matter - Case No. 54494 FORMOSA UTILITY VENTURE, LTD. and FORMOSA PLASTICS CORPORATION, TEXAS RN100218973 Docket No. c. Within 60 days, and on a semi-annual basis thereafter, conduct a comprehensive evaluation of the Facility, Cox Creek, and Lavaca Bay, and remove and properly dispose of any discharged solids, including plastic pellets found during the evaluation of Cox Creek or Lavaca Bay and any pellet loss found during the evaluation of the Facility. Document the evaluation of each location and the resulting removal and disposal of any discharged solids, including plastic pellets. Ensure that all records of the evaluations and resulting removal and disposal are maintained at the Facility and made readily available for review upon request; and (1. Within 75 days, and on a semi?annual basis thereafter, submit written certification of compliance with c. Contact Information TCEQ Attorney: TCEQ Enforcement Coordinator: Austin Henck, Enforcement Division, Enforcement Team 8, MC 219, (512) 239-6155; Michael Parrish, Enforcement Division, MC 219, (512) 239?2548 Respondent: Rick Crabtree, Vice President and General Manager, FORMOSA UTILITY VENTURE, LTD. and FORMOSA PLASTICS CORPORATION, TEXAS, 201 Formosa Drive, Point Comfort, Texas 77978 Respondent's Attorney: Page 3 of 3 TCEQ Interoffice Memorandum To: Commissioners Thru: Bryan Sinclair, Director, Enforcement Division From: Melissa Cordell, Assistant Director, Enforcement Division Date: November 27, 2013 Subject: Response to CommentCs) Received Concerning Proposed Agreed Enforcement Order; FORMOSA UTILITY VENTURE, LTD. and FORMOSA PLASTICS CORPORATION, TEXAS, Point Comfort, Calhoun County Docket No. Enforcement Case No. 54494 In response to a publication in the Texas Register on May 25, 2018, TCEQ received one comment regarding a proposed agreed enforcement order requiring certain actions of FORMOSA UTILITY VENTURE, LTD. and FORMOSA PLASTICS CORPORATION, TEXAS. The comments were timely submitted by Mr. David Frederick of Frederick, Perales, Allmon 8t Rockwell P.C. for Ms. Diane Wilson and the San Antonio Bay Estuarine Waterkeeper. The proposed order includes two violations documented during a record review conducted on April 4, 2017. The violations addressed in the proposed order include 1) the failure to prevent the discharge of solids in other than trace amounts into or adjacent to any water in the state, in violation of TEX. WATER CODE 30 Tux. ADMIN. Coos and TPDES Permit No. Ef?uent Limitations and Monitoring Requirements No. 3, Outfall Nos. 006, 008, and 009; and 2) the failure to properly analyze ef?uent samples, in violation of 30 TEX. ADMIN. CODE 305.125(1) and 319.1102) and TPDES Permit No. Monitoring and Reporting Requirements No. 2.a. The proposed order assesses a penalty in the amount of $121,875 and includes no deferral as the Findings Order criteria has been met. The comments are limited to provisions of the proposed order addressing the first violation. No changes to the proposed order were made in response to the comments. A summary of the comments and staff response to comments can be found below. - Comment 1A Finding 2(a) supports a fair inference that the violation events on which enforcement is taken were unpermitted discharges from Outfalls 006, 008 and 009. However, a ?nding that simply states those are the violation events covered by the administrative order would lessen the risks of ambiguity about what, exactly, are the "matters set forth by this Order" that are said to be resolved. Response LA - Commenters request that an additional ?nding of fact be added to the Order to reduce the ambiguity of what is being addressed in the Order and said to be resolved. At this time, no additional ?nding of fact is deemed necessary as the violations are clearly stated in the proposed agreed order and no violations have been resolved. - Comment LB - Finding 2 states a record-review date, April 4, 2017. This date has no relevance under the guidance of the Penalty Policy, and the ?nding should be deleted. In its place should be ?nding of the date of initial noncompliance. That date, based on actual TCEQ observation, could be as early as June 16, 2010. In its report of a June 15-17 Texas Commission on Environmental Quality Response to Comments Received Page 2 November 27, 2013 inspection, in which TCEQ's inspector Cunningham participated, EPA reported: The EPA inepection team observed plastic pellets on the side of the outfall gate at the following outfalls: 006, 007, 008, and 009, which discharge into Cox Creek (see June 16, 2010 Photographs 77 through 81, 90 through 96, and 99 through 107). The inspection team also observed plastic pellets of the same size, shape and color at two locations on the shores of Lavaca Bay near Highway 3 5. EPA has received citizen reports of plastic pellets found near the Lavaca River. In addition, we observed vegetative and plastic debris on the screens covering the drainage gates at Outfalls 006, 007, and 009 (see June 16,2010 Photographs 93, 96, and 118). [Many of these photographs are attached to these comments] The agency conducted no investigation to determine when Formosa knew or should have known of its noncompliance. (See, Penalty Policy, p. 14.) Had it done so, it might well have developed evidence of an earlier initial noncompliance date. If the agency feels compelled to grant Formosa a more favorable initial noncompliance date, January 31, 2016, would be the most reasonable favorable date. That is the date on which the citizen complaint that led to the proposed administrative order reported sighting pellets in Cox Creek. The citizen complaint was con?rmed by a TCEQ inspection on March 10, 2016. Response LB Commenters state that the April 4, 2017 record review date has no relevance and that the ?nding of fact should be deleted. April 4, 2017 does have relevance to this case as it is the date that a TCEQ investigator documented that compliance had not been achieved within an allotted timeframe established in the Notice of Violation resulting from the March 10-14, 2016 investigation. The penalty calculation in this instance is consistent with the TCEQ's application of the Penalty Policy. . Comment LC - There should be, but is not, a ?nding on the end point for that assessed noncompliance events. Penalty Policy, p. 14. The noncompliance is ongoing, as re?ected by this photo taken June 20, 2018, outside the boom Formosa has erected in State water immediately from Outfall 006. In addition, TCEQ currently has an open investigation into citizen complaints about pellets and powders discharged from Formosa's facility from April through June 2018 (Incident Number 287060). Waterkeepers understand the facts of these recent pellet discharges has been con?rmed by TCEQ inspectors, but Waterkeepers' attempt to secure documentation of this under the Public Information Act has been stymied by the agency. The Penalty Policy indicates either the return-to- compliance date or the enforcement screening date may be used as an end point date, as appropriate. Given the ongoing noncompliance, the end point date, May 17, 2017, which is the screen date noted in the penalty calculation worksheet for this proposed administrative order, would appear to be the "appropriate" end point date, and it should be stated as a ?nding of the ?nal administrative order. Response LC Commenters request that an additional ?nding of fact be included in the Order to state the end date of the violation regarding the discharge of solids. This information is included in the Penalty Calculation Worksheet and it is not TCEQ's practice to include it in the Order as an additional ?nding of fact. Consistent with the TCEQ's Penalty Policy, the end date for continuing violations is the screening date for penalty calculation. Response to Comments Received Page 3 November 27, 2018 Comment LD From the penalty calculation worksheet it is clear the agency found the violation events to be "continuing events," as the term is used in the Penalty Policy, page 13. That should be stated as a ?nding. Response LD - Commenters request an additional ?nding of fact be included in the Order stating that the violatioo regarding the discharge of solids is a centinuing violation. It is not TCEQ's practice to state in the Order whether each violation is continuing or discrete. Comment LE - The exculpatory ?ndings at paragraph 3 have no place in an enforcement order. Why would the enforcement authority burnish the stature of the violator? In any event, paragraph 3.a. should also include a ?nding of the extensive wetlands' destruction the violator wrought in its attempts to remedy in part the impacts of its violations. See, Photograph which shows the hydroblasting of vegetation by Formosa contactors near Outfall 006, as they attempt to dislodge and set up for recovery discharged pellets. See, also, Photographs and 4, next page, which show, in before?and-after sequence, the sort of destruction Formosa's contractor is wrecking in its attempts to recover some of the discharged pellets. Response LE - COmmenters state that Findings of Fact Nos. 3.a and 3.b listing the corrective actions taken by the Respondents have no place in the Order. It is TCEQ's practice to recognize actions taken towards compliance. Comment 1.F - Paragraph 3.b. is another inappropriate burnishment of the stature of the violator, one that serves to help undermine the ongoing citizen enforcement action against the violator. It should be stricken. If some ?nding like it is retained, it should be made more clear. The fact that the discharges were not abated in mid-2017 and have not to this day been abated (see, Photograph should be stated. The ?nding is factually erroneous, in that Formosa clearly has not to this day implemented a pellet recovery system that would minimize discharges of solids, so the finding should not say that Formosa has or had by any date implemented such a system. Whatever, if anything, is said about Formosa's efforts as of any date to reduce future discharges should detail much more precisely than paragraph 3.b currently, does what Formosa has done. Response 1.F- As stated in Response LE, it is TCEQ's practice to recognize actions taken towards compliance. Based on the actions taken by the Respondents, it is appropriate to say that such actions have been put in place to minimize the discharge of solids from the Facility. Comment LG - Paragraph 3.b, presently, is ambiguous as to the location of the ?oating booms to which it refers. To the extent it is retained, paragraph 3.b should be clari?ed to state that the ?oating booms referenced are on the Facility's property, to prevent the discharge of pellets and plastics prior to their release from the Facility. (If the reference is to the booms Formosa has installed downgradient from its discharge points and in State waters as a cleanup measure, the paragraph will likely have the effect of illegally amending the permit to allow otherwise unpermitted discharges from the outfalls.) Response LG Commenters state that Finding of Fact No. 3.b is ambiguous as to where the ?oating booms are located and that the Finding of Fact No. 3.b should be clari?ed to state that the ?oating booms are located within the Facility. Commenters Expressed concern that the Order would illegally amend the permit. Finding of Fact No. 3.b recognizes actions to minimize discharges of solids from the Facility. Additional booms placed outside the Facility Response to Comments Received Page 4 November 27, 2018 are to contain and remove solids as needed. The Order does not modify or amend the permit. a Comment LH - The proposed order should include a ?nding of fact or a paragraph among the ordering provisions stating a recognition by the Respondents that the penalty and remedial measures set forth in the order are only acceptable to the agency because they resolve the matters set forth in the order without litigation. Response LH - Commenters request an additional ?nding of fact stating that the penalty and remedial measures are only acceptable to TCEQ because they resolve the enforcement action without litigation. The fact that settlement was reached without a referral to TCEQ's Litigation Division did not in?uence the penalty or the corrective actions listed in the Order. It is not TCEQ's practice to include this type of ?nding in its orders. - Comment - There should be a finding on harm. The agency found, one can tell from the penalty calculation worksheet, only "moderate" harm from the violation. The basis for that ?nding is not explained. Factually, the plastic pellets have dispersed all along Cox Creek and, to a lesser extent, around Lavaca Bay and along the shore grasses of each. The beads are found in the stomachs of ?sh. Both Waterkeepers and cleanup contractors hired by Formosa continue to collect bags, sacks and barrels of pellets along Cox Creek and beyond its mouth. The problem has been long?running and its impacts are unlikely ever to be fully erased. The order needs to explain why these harms are not judged by the agency to be, collectively, "major." Response 1.I - Commenters request that an additional ?nding of fact be added to address the harm of the violatiOn. It is not TCEQ's practice to include a ?nding on harm in its orders. The PCW lists the category of harm for this violation and notes the reason for the harm determination. Commenters mention that beads have been found in the stomachs of ?sh, but a TCEQ investigator has not documented such an instance. As re?ected in Finding of Fact No. 2.a, a TCEQ investigator documented that plastic pellets were observed ?oating in Cox Creek and embedded in the creek's sediment. Based on the violation documented by TCEQ and in accordance with TCEQ's Penalty Policy, the correct category of harm is used for this violation. 0 Comment 2A - Violation days, commencement of violations: The penalty policy calls for counting violation days from the date of noncompliance to, in this case, the screening date, not to be confused with the date the violations will cease. The presently proposed order inexplicably begins counting violation days from April 4, 2017, and tallies 43 days' violations to the screening date, May 17, 2017. Unless the observations of EPA and the agency's inspectors in 2010 are to be disregarded, there were 2527 days of violations between June 16, 2010, and May 17, 2017. The ?rst date of the recent citizen-reported violations that were confirmed by the agency's March 10, 2016, inspection was January 31, 2016. That is 472 days before the screening date. Were the agency to ignore the citizen-reported January date, the March 10th agency con?rmation date, itself, results in 433 days' violations, again, counted to the screening date. Response 2A - Commenters offer several dates prior to the April 4, 2017 record review date to use as the commencement of the violation. Commenters mention an EPA investigation conducted in 2010 and a citizen complaint from January 31, 2o16. Commenters state that the PCW was not completed in a manner consistent with the TCEQ's Penalty Policy. It is TCEQ's practice to use dates on which TCEQ's investigators have documented violations Response to Comments Received Page 5 November 27, 2013 during TCEQvapproved investigations or record reviews that demonstrate that compliance has not been met within an allotted period of time. The March 10~14, 2016 investigation resulted in a Notice of Violation. The Respondents did not submit documentation demonstrating compliance with the violations documented in the Notice of Violation within the allotted timeframe. This was documented by TCEQ in the April 4, 2017 record review and is therefore used as the violation start date for penalty calculation purposes. The penalty calculation is consistent with the application of the Penalty Policy. - Comment 23 - Violation base penalty: The penalty policy directs the violation base penalty/ violation event be multiplied by the number of violation events to arrive at the violation base penalty. Since the agency found three violations, one at each of the offending outfalls, each violation day, and since it found 43 violation days, and since it found only "moderate" harm for this type of violation, it would calculate the violation base penalty to be 3 2 (30% of $25,000) $45,000. 43 days of continuing violations is an indefensible undercount. Depending on the agency's assumptions about violation severity and the number of violation days, a set of more?defensible violation base penalties is set out in the table, below. This number is what the Penalty Policy refers to as "Subtotal Days of Months of Violation base violation violation penalty From 2010: 2527 84 $1,890,000 From an. 31: 472 16 $360,000 From March 10: 433 15 $337,500 Response 213 - Commenters disagree with the 43 violation days calculated by TCEQ for this violation and offer several other options for the start date of the violation. As stated in Responses LB and 2A, the record review date of April 4, 2017 is an appropriate start date for penalty calculation in this case. - Comment - Compliance history penalty supplement ("Subtotal The penalty policy directs that the site compliance history be calculated "using 30 TAC, Ch. 60." The agency calculated a gross compliance history penalty supplement of 159% of the violation base penalty, 0f Subtotal 1. That calculation appears to have been done correctly. Then, however, the agency forgave 59% of that supplement, resulting in an adjusted compliance history penalty supplement of 100%. This is consistent with the 2014 penalty policy, but it is not consistent with 30 TAC Ch. 60, which does not contemplate a cap at 100%. The compliance history penalty supplement should not be adjusted. The compliance history penalty supplement should be 159% of the violation base penalty. Response 2.6 - Commenters discuss how the compliance history adjustment of 159% to 100% follows 2014 Penalty Policy but is not consistent with 30 TEX. ADMIN. CODE ch. 60. Texas Water Code caps the penalty enhancement attributed to the compliance history at 100% of the base penalty amount. Response to Comments Received Page 6 November 27, 2018 Comment 21) Repeat violator penalty supplement ("Subtotal 30 the "repeat violator" standard, is very lenient to the violator. The agency appears to have applied that regulation correctly to this violator. (So, a 0% penalty supplement is defensible.) Response 2.D No change is necessary as the Commenters take the stance that the lack of the "repeat violator" enhancement is appropriate. Comment at? Culpability supplement ("Subtotal The agency?s penalty policy directs that a supplement be added, if documentation other than NOVs and orders exists indicating the violator could reasonably havc anticipated and avoided the violation. The agency's proposed order makes no mention of any efforts it undertook to determine if a culpability enhancement were appropriate. It would seem that Formosa would only have needed to experience one large rainfall event, for example, in order to learn that its stormwater system is not designed or Operated properly to contain pellets within the Facility. In light of the huge volumes of pellets collected by Formosa's cleanup contractors, the thousands of pellet discharge samples Waterkeepers have collected in the past 29 months, alone, the earlier Inspections noting escaped pellets and poor workplace practices in 2010, and numerous citizen complaints and comments during Formosa's 2013 amendment of its TPDES permit, it begs credulity to believe the pellet problem has not been known to Formosa for the better part of a decade. Therefore, the agency should have found, but did not ?nd, a 25% supplemental enhancement was in order. ReSponse 2.E - Commenters bring up the lack of a culpability (subtotal 4) enhancement in the PCW and mention that EPAXTCEQ inspections occurred in 2010. TCEQ evaluated a penalty enhancement due to culpability and, in accordance with the TCEQ's Penalty Policy, examined the ?ve~year period prior to the initial settlement offer (October 31, 2012 October 31, 2017). TCEQ determined that there was insuf?cient documentation to meet the culpability criteria in the TCEQ's Penalty Policy. Comment 2.F - Good faith effort to comply supplement ("Subtotal The agency apparently found no particularly timely or effective efforts by Formosa to return to compliance. As evidenced by, among other things, the proposed order's failure to ?nd compliance as of even the onset of this comment period, that ?nding was certainly appropriate. Thus, the agency's decision not to reduce the base violation penalty was correct. Respoase 2.F - No change is necessary as the Commenters take the stance that the lack of a "good faith efforts" reduction is appropriate. Comment 2.6 supplement ("Subtotal The Penalty Policy breaks the economic bene?t into three components: (1) the return the violator earned on the depreciable capital expenditures that were avoided at some earlier time, when the expenditures, presumptively, would have resulted in engineering ?xes that, at least in part, would have prevented further permit violations of the sort at issue; (2) the return the violator earned on avoided non-depreciable capital expenditures and other one?time costs that were avoided at an earlier time, when the expenditures, presumptively, would have contributed to the prevention of further permit violations of the sort at issue; and (3) the return the violator earned on avoided periodic costs that would have been incurred on, operation and maintenance of the capital equipment or process improvements that should have been implemented at an earlier time to, collectively, prevent further permit violations. Response to Comments Received Page 7 November 27, 2018 The penalty poliCy explicitly does not treat as economic bene?t any other ?nancial gains the violator realized because of its avoided or delayed pollution-prevention efforts. But, it does indicate "all avoided cost returns earned a respondent will be included in the total assessed penalty" by their inclusion as an adjustment under the "other factors as justice may require" factor. So, if increased market share were realized because products arrived at the market earlier than they would have, had pollution-prevention efferts been implemented, or if higher market prices or lower raw materials costs were realized by an earlier market entry, or if the general-in?ation-adjusted costs the costs as adjusted only by in GDP implicit price de?ator) of the pollution?prevention measures, themselves, were greater at the earlier time than they were when the violator incurred them in response to enforcement, or if process changes implemented to help prevent pollution have down-stream costs that were avoided during the pre-enforcement time period, all those ?nancial gains to the violator would be ignored on the economic bene?t calculation, but might be accounted for, later, under the "other factors as justice may require" rubric. Once the economic bene?t values in each category have been determined, the penalty policy directs that the values be summed and the violation base value be multiplied by a percentage that is a function of the summed values. If the values sum to more than $15,000, that percentage is 50%. Otherwise, the percentage is So, the penalty supplement does not seek to recover the economic bene?t the violator realized from the violations. It just seeks to realize, at most, 50% of the violation base penalty. The penalty calculation worksheet for Formosa is woefully incomplete in its enumeration of categories of avoided costs it coosidered. For, example, the agency did not include avoided property taxes in its abbreviated identi?cation of Formosa's bene?ts from delayed property improvements. The penalty calculation worksheet provides no support for the avoided or delayed costs it does enumerate,4 so meaning?xl comment on those is not possible. There must be quali?ed industrial engineers and ?nancial available to the agency who could develop a defensible estimate of the economic bene?t Formosa gained through its noncompliance with its permit. The agency should employ or assign from within its staff persons with these skill sets to develop a recommended economic bene?t value. The present PCW recognizes only $1,100,000 in engineering and construction costs. It, then, contends the expenditure should have been incurred on March 10, 2016, the date the agenCy con?rmed the February 18, 2016, citizen complaint of discharges dating back to at least January 31, 2016. EPA investigations dating to at least June 2010 reported the pellet discharge problems to Cox Creek. The agency's Penalty Policy instructs that the penalty should recover the economic bene?t gained during the violation period. Inasmuch as EPA and TCEQ inspectors reported the same pellet discharge problem in Cox Creek in June 2010, that was a realistic start date for the violations for which enf0rcement is being pursued, here. The $1,100,000 cost is unsupported by any itemization, let alone, any documentation. Commenters very much question the estimate, especially inasmuch as there is no indication the steps necessary to "minimize" let alone, to reduce to "trace" levels the pellet discharges were by July 31, 2017 (the date Formosa seeks in the exculpatory paragraph of the proposed administrative order), or October 31, 2017 (the date of the agency's offer to Formosa of settlement), or have yet (June 26, 2018) been implemented. There is no support for the estimated year cost of money the agency assumed; it is difficult to believe Formosa only earns 5% /year on the money avoids spending on environmental compliance. Response to Comments Received Page 3 November 27, 2018 The agency presents in its penalty calculation worksheet no justi?cation for a 15?year amortization of the engineering cost and depreciation of the structures funded from the $1,100,000. And, if gabions really have only a 15-year useful life, they are of such low quality that their purchase and emplacement would be imprudent and should not count as a cost of the "remedy." The only other element of economic bene?t the current penalty calculation worksheet considers is the delayed costs of remediation and disposal. Again, with no itemization of individual costs or documentation of those costs or of the bases for believing they are the total such costs incurred, the public. has no realistic way to comment on this element of the economic bene?t calculation. There is also the matter that the remediation costs and, probably, even, the disposal costs are not at an end. There is just nothing credible about the $750,000 assumed by the agency as the principal on which Formosa was able to earn a return for an extra 1.30 years (which time frame grossly understates how long Formosa had the use of the money). Response 2.G - Commenters question how the economic benefit cost estimates were obtained and state that they should be increased. Commenters correctly recite TCEQ's Penalty Policy in regards to how a base penalty enhancement of 50% is triggered when a bene?t of $15,000 or more is recognized as a delayed cost, but state that additional penalties need to be added to the PCW. TCEQ adjusted the total base penalty with the 50% economic bene?t enhancement, but TCEQ's Penalty Policy does not provide for any additional adjustment due to delayed costs. In regards to the avoided costs, it was determined that there were no avoided costs associated with the violations. Commenters state the agency should use staff with the skill sets to develop a recommended economic bene?t value. TCEQ utilizes staff with the appropriate skill level and knowledge to estimate economic bene?t for penalty calculation purposes. TCEQ economic bene?t calculations were developed based on documentation from the Respondents regarding their corrective actions. The economic bene?t worksheets were completed correctly and no change is necessary. Comment 2.H - Compliance history of the violator, as opposed to of the site ("Subtotal 30 TAC 60.2(h) provides for a calculated rating of the violator that is based on the complexity of the sites "af?liated" with the violator and the violation histories of the sites. The agency provided absolutely no information as to the sites it considers af?liated with Formosa or as to their complexities or, for the most part, their compliance histories. Formosa Plastics Corp, USA, is the parent company of Formosa Plastics Corporation, Texas, the nominal operator of the Point Comfort facility, as well as being the parent company of "Formosa" companies in Delaware, Illinois, and Louisiana. Formosa Plastics Corporation, USA, is, in turn, wholly owned by Formosa Plastics Corporation, a publicly traded Taiwanese corporation with numerous subsidiaries and sister companies largely controlled by Formosa Plastics Group of Taiwan. Formosa Plastics Corporation, Texas, is one of a very large multinational web of interlocking companies. The agency somehow decided Formosa Plastics Corporation, Texas, is a "satisfactory" violator. There is no information provided by the agency from which a commenter can critique that neutral categorization. ReSponse 2.H - Commenters question how TCEQ concluded that a Satisfactory classi?cation be used for the compliance history portion of the PCW. All the sites associated with CN600130017 (FORMOSA PLASTICS CORPORATION, and CN602650954 (FORMOSA UTILITY VENTURE, LTD.) in the Central Registry database were considered When determining the classi?cation of the Respondents. The sites under both entities are RN103186326, RN 105266274, RN103031332, RN100218973, RN106187024, RN105922884, RN105742431, and RN102972502. Following the calculation of the Response to Comments Received Page 9 November 27, 2018 compliance history ratings on September 1, 2016, as Speci?ed in 30 TEX. ADMIN. CODE ch. 60, the Respondents were both classi?ed as Satisfactory performers. Based on evaluation of the compliance history classi?cation for both Respondents, no change is necessary. - Comment - The penalty policy says that the seven subtotals should be summed and that sum adjusted as appropriate in light of "other factors as justice may require." The agency's penalty calculation, in this instance, did not consider other factors as justice might require. Response 2.I - Commenters state that the agency did not consider "other factors as justice may require" in calculating the penalty. TCEQ did evaluate "other factors as justice may require," and determined that there were no factors warranting an upward or downward adjustment to the penalty. Commenters do not identify any factors here they believe TCEQ did not consider. . Comment - In addition to increases associated with the factors that were omitted from the economic bene?t determination, Subtotal 6, the penalty sum should be increased by a large amount, because the harm done to the environment by Formosa's discharges is essentially irremediable in the near term. Millions or billions of plastic heads have been illegally discharged to the Creek since at least 2010. As Formosa's attempts in the past year to clean up the discharges have demonstrated, there is no effective way to recapture the discharges, and the efforts Formosa has undertaken to date may well have caused more harm than good. Formosa?s ?nancial might and industrial sophistication should be weighed as an additional consideration in the penalty calculus, too. Formosa Plastics Corporation, U.S.A., ultimately is a component of the Formosa Plastics Group. The parent group reported USA net 2017 income before taxes of $1.096 billion;5 Formosa Plastics Corporation, U.S.A., provides the bulk of that net income. The net income number was down 20% from the previous year. If companies of this size are to be deterred from the disregard of our environmental laws, they must be penalized at substantial levels when they are caught violating those laws. As has been noted more than once, already, Formosa has been illegally discharging plastic pellets to Cox Creek since at least the early part of 2010. That is a period of disregard of our environmental laws. Response 2.J Commenters state the penalty should be increased due to the harm done to the environment. As explained in Response TCEQ considered the violation's harm in calculating the penalty. Commenters request that the Respondents' "financial might" be considered when calculating an appr0priate penalty. The penalty was calculated in accordance with the TCEQ's Penalty Policy and takes into consideration all the factors outlined in Texas Water Code 7.053. I- Comment 2.K - The agency's penalty calculation for the proposed order, before considering "other factors as justice may require," is, for the reasons identi?ed, here, badly de?cient. If the agency is still committed to a settled resolution of Formosa's illegal discharges, the penalty component of that solution should be on the order of $15,362,600 (continuing violations from June 16, 2010) or $11,022,500 (continuing violations from January 31, 2016). Waterkeepers feel the former penalty is the appropriate one, given the solid evidence of unauthorized pellet discharges predating une 2010. Response to Comments Received Page 10 November 27, 2018 The preceding penalty figures are based on (1) the surmise speculation, actually that the economic bene?ts Formosa realized from its pellet discharge violations in Cox Creek will be offset by the costs of cleanup and plant modi?cations ordered by agency, and (2) a belief justice requires a $10,000,000 penalty supplement to, perhaps, impress on Formosa and other ?rms of its ?nancial heft the necessity of compliance with our eHV'ironmental laws. $10,000,000 is roughly 1/ moths of Formosa Plastics Group's U.S.A. net income for one year, and a bad year, at that. It is only 40% Kevin Durant's annual salary. The following table summarizes the components of the civil penalty Waterkeepers propose: Da s_ot' Months of Violation 01" Plus, Plus, Total, save for Grand tptal, vio ation VlolatIOI?l base penalty Subtotal 2 Subtotal 4 sec bene?t and including deterrence deterrence 2527 84 $3,005.100 $472500 $5,367,600 15.367.600 472 16 $360,000 $572,400 $90,000 $1,022,400 11,022,400 433 15 $337500 $536,625 $84,375 $958500 10,958,500 Response 2.K - Commenters state that TCEQ's penalty calculation is "badly deficient" and offer two alternative penalties, $15,367,600 (June 16, 2010 to sereening) and $11,022,400 (January 31, 2016 to screening). As mentioned in Response 2A, the dates used for the duration of this violation are consistent with the TCEQ's Penalty Policy. Additionally, Commenters state that a $10,000,000 penalty increase is appropriate to deter other violators of environmental laws in light of the Respondents? net income. No change is necessary as the penalty was correctly calculated in accordance with the TCEQ's Penalty Policy and takes into consideration all the factors outlined in Texas Water Code 7.053. - Comment 3 - Conclusion of law number 5 should be modified to be consistent with the revised monetary penalty recommended, above. Response 3 - Commenters state that Conclusion of Law No. 5 should be adjusted to be consistent with the penalty recommendation in Comment No. 2K. As stated in the Response 2.K, the penalty was correctly calculated and therefore no change is necessary. a Comment 4 - The proposed order requires, presumably (although that is not stated) to the end of identifying the fact of pellet and other solids discharges, only semi-annual evaluations of Cox Creek and Lavaca Bay and the Facility. It requires semi-annual removal and disposal of discharged solids, including pellets. It requires documentation of the evaluations and the removals and disposals. It requires semi-annual certi?cations regarding the evaluations, removals and disposals. The proposed order does not actually impose a remedy. It does not require the cessation of the unauthorized discharges. The proposed order imposes no engineering fix or requirement for a plan for an engineering It imposes no performance standard by which an engineering ?x would be evaluated, and it imposes no monitoring tools, the use of which would alert the agency to whether the performance standards were attained. It imposes no requirement for a planned removal of discharged pellets, so the proposed order does nothing to deter harm to Cox Creek and Lavaca Bay caused by cleanup efforts that is greater than the Response to Comments Received Page 11 November 27, 2018 harm those areas would suffer, were some or all pellets left in place. All these failings need to be corrected. Response 4 Commenters state that the Order does not impose a remedy. Although the Order recognizes the actions taken by the Respondents to minimize the discharge of solids from the Facility, it does impose a remedy. TCEQ is taking a proactive approach and requiring the Respondents to conduct periodic evaluations throughout the life of the Order and removing and disposing of any solids found during these evaluations. This requirement for a planned removal of discharged solids is addressed in the Order under Ordering Provision No. 3.c. This approach takes into consideration the potential issue that solids already discharged from the Facility may take time to surface after being embedded in sediment, which makes it dif?cult to determine if there are newly discharged solids. If TCEQ determines the measures taken by the Respondents are inadequate and there are additional documented discharges of solids, then further action may be taken by the TCEQ. Attachments CC: General Counsel, MC 101, Building Special Counsel, MC 109, Building Manager, Water Section, Corpus Christi Regional Of?ce Austin Henck, Coordinator, Enforcement Division, MC 219 Central Records, MC 213, Building E, 1st Floor to Comments on Proposed Agreed Order Enforcement Division Electronic Reader File DOCKET O. IN THE MATER OF AN ENFORCEMENT BEFORE THE TEXAS ACTION CONCERNING FORMOSA UTILITY VENTURE, LTD., AND COMMISSION ON FORMOSA PLASTICS CORPORATION, TEXAS (RN100218973) ENVIRONMENTLAL QUALITY COMMENTS OF DIANE WILSON AND THE SAN AN TONIO BA ES UARINE WA ERKEEPER ON THE PROPOSED ADMINISTM TI VE ORDER TO THE HONORABLE COMMISSIONERS: Come now, Diane Wilson and the San Antonio Bay Estuarine Waterkeeper (collectively, ?Waterkeepers?) and offer these comments on the proposed administrative order in this enforcement docket. These comments are limited to that portion of the proposed administrative order that addresses the plastic pellet discharges for which Formosa was noticed with enforcement May 1, 2017. Summary The Waterkeepers appreciate that there is considerable discretion allowed the agency in its enforcement decisionmaking. The agency has guidance on the exercise of that discretion, RG-253, Penalty Policy (April 1, Waterkeepers disagree with a number of the policy decisions re?ected in that guidance. It is unsettling in its generosity to violators. Still, for purposes of these comments, Waterkeepers treat the guidance, except in one instance when it is inconsistent with 30 TAC ch. 60, as setting the boundaries within which the agency should exercise its discretion. Waterkeepers are engaged with Formosa in federal court Clean Water Act litigation concerning a larger number and scope of discharges than are covered by the proposed agreed order on which the comments are offered. See, San Antonio Bay The agency?s September 1998 Memorandum of Agreement with EPA, ?Memorandum of Agreement Between the Texas Natural Resource Conservation Commission and the US. Environmental Protection Agency, Region 6, Cencerning the National Pollutant Discharge EliminatiOn SystEm,? Sec. actually calls for the agency to use its October I, 1997, penalty policy. Were that policy used in the Formosa penalty calculation, the calculated penalty would be higher. Estuarine Waterkeeper, at of, v. Formosa Plastics Corp, at Cause 6:17-cv-00047 (SD. Tex. 2017). The discharges covered by the proposed agreed order are a subset of those involved in the federal litigation. To date, the State has not intervened in the federal litigation. The terms, particularly, ?nding of fact no. 3, of the proposed agreed order reflect Formosa?s desire to have the order?s text be such that Formosa may argue in federal court the order undermines aspects of Waterkeepers? case. Waterkeepers, therefore, urge the agency to be mindful of Formosa?s desire, as the agency crafts its ?nal agreed order, assuming there is a final agreed order. Waterkeepers are critical in the following respects of the proposed agreed order: - there are too few ?ndings, and the ?ndings are not suf?ciently precise; - ?nding no. 3 is largely exculpatory of Formosa, the violator, and has no place in an enforcement order; - the proposed agreed order neither imposes nor requires a remedy to bring the facility back into compliance with its permit; - the penalty calculation fails to follow the Penalty Policy directive for determining the date on which a continuing violation begins; - the penalty calculation fails to follow the Person); Policy directive for determining the ?end point? for the assessed noncompliance events; thus, the penalty calculation rests on a smaller number of violation events than would be the case, had an appropriate dates of initial noncompliance and the end point for the assessment been found; - the penalty calculation does not include a cupability supplement, Le, a "subtotal calculation or a rationale for the lack of such a supplement; - the penalty calculation presents almost no justi?cation for the economic bene?t supplement, Subtotal neither the penalty calculation worksheet nor any ?nding asserts any investigation, at all, of the myriad factors that go into the calculation of the economic bene?t Formosa realized (or, conceivably, did not realize) by a decade or more of noncompliance;2 2 Counsel for Waterlceepers sought from the agency by Public Information Act request (MB-40473) the materials on which the agency's analysis of the economic bene?t Formosa realized rested. In response, counsel received a PIR bill, a copy of the Penalty Poft'cy, a copy of the penalty calculation worksheet, the enfOrcement action referral packet, and some emails containing no quantitative information, at all. in sum, the response to the PIA request contained absolutely no support for any element of the penalty calculation worksheet; either the response was not, objectively, made in good faith, or the agency simply has no data to support its economic bene?t analysis. 1. A. the penalty calculation related to the compliance history of the violator, "Subtotal does not present any justi?cation for the neutral categorization of the violator, including its operations at unidenti?ed "affiliated" sites; there is no discussion or, even, any conclusion as to why "other factors as justice may require? do not substantially increase the calculated penalty; the overall penalty assessed is pitifully small for a company of Formosa's wealth and for essentially irremediable violations over such a long time; and Formosa's cleanup/recovery efforts to date have been quite destructive of the Cox Creek wetland; the proposed agreed order does not require there be or the agency approve a plan by which FormOsa will attempt to retrieve its escaped plastics without causing unacceptable collateral damage. Detailed comments The findings need to be more numerous and precise Finding 2(a) supports a fair inference that the violation events on which enforcement is taken were unpermitted discharges from Outfalls 006, 008 and 009. However, a ?nding that simply states those are the violation events covered by the administrative order would lessen the risks of ambiguity about what, exactly, are the "matters set forth by this Order" that are said to be resolved.3 B. Finding 2 states a record-review date, April 4, 2017. This date has no relevance under the guidance of the Penalty Policy, and the finding should be deleted. In its place should be finding of the date of initial noncompliance. That date, based on actual TCEQ observation, could be as early as June 16, 2010. In its report of a June 15-17 inspection, in which inspector Cunningham participated, EPA reported: The EPA inapection team observed plastic pellets on the side of the outfall gate at the following outfalls: 006, 007, 008, and 009, which discharge into Cox Creek (see June 16, 2010 Photographs 77 through 81, 90 through 96, and 99 through 107). The inspection team also observed plastic pellets of the same size, shape and color at two locations on the sheres of Lavaca Bay near Highway 3 5. EPA has received citizen reports of plastic pellets found near the Lavaca River. In addition, we observed See, ordering provision no. 1. vegetative and plastic debris on the screens covering the drainage gates at Outfalls 006, 007, and 009 (see June 16,2010 Photographs 93, 96, and 118). [Many of these photographs are attached to these comments] The agency conducted no investigation to determine when Formosa knew or should have known of its noncompliance. (See, Penalty Policy, p. 14.) Had it done so, it might well have developed evidence of an earlier initial noncompliance date. If the agency feels compelled to grant Formosa a more favorable initial noncompliance date, January 31, 2016, would be the most reasonable favorable date. That is the date on which the citizen complaint that led to the proposed administrative order reported sighting pellets in Cox Creek. The citizen complaint was con?rmed by a TCEQ inspection on March 10, 2016. C. There should be, but is not, a ?nding on the end point for that assessed n0nc0mpliance events. Penalty Policy, p. 14. The noncompliance is ongoing, as re?ected by this photo taken June 20, 2018, outside the boom Formosa has erected in State water immediately from Outfall 006. In addition, TCEQ currently has an open investigation into citizen complaints about pellets and powders discharged from Forrnosa?s facility frOm April through June 2018 (Incident Number 287060). Waterkeepers understand the facts of these recent pellet discharges has been con?rmed by TCEQ inspectors, but Photograph June 20, 2018, Pellets immediately outside the Formosa boom in State water below Outfall 006 Waterkeepers' attempt to secure documentation of this under the Public Information Act has been stymied by the agency. The Penalty Policy indicates either the return-to- compliance date or the enforcement screening date may be used as an end point date, as appropriate. Given the ongoing noncompliance, the end point date, May 17, 2017, which is the screen date noted in the penalty calculation worksheet for this proposed administrative order, would appear to be the "appropriate" end point date, and it should be stated as a finding of the ?nal administrative order. D. From the penalty calculation worksheet it is clear the agency found the violation events to be "continuing events," as the term is used in the Penalty Policy, page 13. That should be stated as a finding. E. The exculpatory ?ndings at paragraph 3 have no place in an enforcement order. Why would the enforcement authority burnish the stature of the violator? In any event, paragraph 3.a. should also include a ?nding of the extensive wetlands? destructiOn the violator wrought in its attempts to remedy in part the impacts of its violations. See, PhotOgraph which shows the hydroblasting of vegetation by Formosa contactors near Outfall 006, as they attempt to dislodge and set up for recovery discharged pellets. See, also, Photographs and 4, next page, which show, in before-and?after sequence, the sort of destruction Formosa's contractor is wrecking in its attempts to recover some of the discharged pellets. Photograph March 29, 2013, Formosa contractor hydrohlasting burnishment of the stature of the violator, one vegetation near Outfall 006 F. Paragraph 3.b. is another inappropriate that serves to help undermine the ongoing citizen enforcement action against the violator. It should be stricken. If some ?nding like it is retained, it should be made more clear. The fact that the discharges were not abated in mid-2017 and have not to this day been abated (see, Photograph should be stated. The finding is factually erroneous, in that Formosa clearly has not to this day implemented a pellet recovery system that would minimize discharges of solids, so the ?nding should not say that Formosa has or had by any date implemented such a system. Whatever, if anything, is said about Formosa's efforts as of any date to reduce future discharges should detail much more precisely than paragraph 3.b currently does what Formosa has done. Photographs 3 (April 224, 2018) 4 (May 17, 2013) G. Paragraph 3.b, presently, is ambiguous as to the location of the floating booms to which it refers. To the extent it is retained, paragraph 3.1: should be clarified to state that the ?oating booms referenced are on the Facility?s property, to prevent the discharge of pellets and plastics prior to their release from the Facility. (If the reference is to the booms Formosa has installed downgradient from its discharge points and in State waters as a cleanup measure, the paragraph will likely have the effect of illegally amending the permit to allow otherwise unpermitted discharges from the outfalls.) H. The proposed order should include a finding of fact or a paragraph among the ordering provisions stating a recognition by the Respondents that the penalty and remedial measures set forth in the order are only acceptable to the agency because they resolve the matters set forth in the order without litigation. I. There should be a ?nding on harm. The agency found, one can tell from the penalty calculation worksheet, only "moderate" harm from the violatiOn. The basis for that ?nding is not explained. actually, the plastic pellets have dispersed all along Cox Creek and, to a lesser extent, around Lavaca Bay and along the shore grasses of each. The beads are found in the stomachs offish. Both Waterkeepers and cleanup contractors hired by Formosa continue to collect bags, sacks and barrels of pellets along Cox Creek and beyond its mouth. The problem has been long-running and its impacts are unlikely ever to be fully erased. The order needs to explain why these harms are not judged by the agency to be, collectively, "major." 2. The penalty calculation worksheet was not completed in a manner consistent with the agency?s Penalty Policy A. Violation days, commencement of violations: The penalty policy calls for counting violation days from the date of noncompliance to, in this case, the screening date, not to be confused with the date the violations will cease. The presently proposed order inexplicably begins counting violation days from April 4, 2017, and tallies 43 days? violations to the screening date, May 17, 2017. Unless the observations of EPA and the agency's inspectOrs in 2010 are to be disregarded, there were 2527 days of violations between June 16, 2010, and May 17, 2017. The ?rst date of the recent citizen-reported violations that were confirmed by the agency?s March 10, 2016, inspection was January 31, 2016. That is 472 days before the screening date. Were the agency to ignore the citizen-reported January date, the March 10th agency confirmation date, itself, results in 433 days? violations, again, counted to the screening date. B. Violation base penalty: The penalty policy directs the violation base penalty/violation event be multiplied by the number of violation events to arrive at the violation base penalty. Since the agency found three violations, one at each of the offending outfalls, each violation day, and since it found 43 violation days, and since it found only ?moderate? harm for this type of violation, it would calculate the violation base penalty to be 3 2 (30% of $25,000) $45,000. 43 days of continuing violations is an indefensible undercount. Depending on the agency's assumptions about violation severity and the number ot?violation days, a set of more-defensible violation base penalties is set out in the table, below. This number is what the Penalgz Policy refers to as ?Subtotal Days of Months of Violation base violation violation penalty From 2010: 2527 84 $1,890,000- From Jan. 31: 472 16 $360,000 From March 10: 433 15 $337,500 C. Compliance history penalty supplement (?Subtotal The penalty policy directs that the site compliance history be calculated ?using 30 TAC, Ch. 60.? The agency calculated a gross compliance history penalty supplement of 159% of the violation base penalty, of Subtotal 1. That calculation appears to have been done correctly. Then, however, the agency forgave 59% of that supplement, resulting in an adjusted compliance history penalty supplement of 100%. This is consistent with the 2014 penalty policy, but it is not consistent with 30 TAC Ch. 60, which does not contemplate a cap at 100%. The compliance history penalty supplement should not be adjusted. The compliance history penalty supplement should be 159% of the violation base penalty. D. Repeat violator penalty supplement (?Subtotal 30 TAC 60.2(0, the ?repeat violator? standard, is very lenient to the violator. The agency appears to have applied that regulation correctly to this violator. (So, a 0% penalty supplement is defensible.) E. Culpability supplement (?Subtotal The agency?s penalty policy directs that a supplement be added, if documentation other than NOVs and orders exists indicating the violator could reasonably have anticipated and avoided the violation. The agency?s proposed Order makes no mention of any efforts it undertook to determine if a culpability enhancement were appropriate. It would seem that Formosa would only have needed to experience one large rainfall event, for example, in order to learn that its stormwater system is not designed or operated properly to contain pellets within the Facility. In light of the huge volumes of pellets collected by Formosa?s cleanup contractors, the thousands of pellet discharge samples Waterkeepers have collected in the past 29 months, alone, the earlier Inspections noting escaped pellets and poor workplace practices in 2010, and numerous citizen complaints and comments during Formosa's 2013 amendment of its TPDES permit, it begs credulity to believe the pellet problem has not been known to Formosa for the better part of a decade. Therefore, the agency should have found, but did not find, a 25% supplemental enhancement was in order. F. Good faith effort to comply supplement (?Subtotal The agency apparently found no particularly timely or effective efforts by Formosa to return to compliance. As evidenced by, among other things, the proposed order?s failure to ?nd compliance as of even the onset of this comment period, that ?nding was certainly appropriate. Thus, the agency?s decision not to reduce the base violation penalty was correct. G. supplement (?Subtotal The Penalty Policy breaks the economic benefit into three components: (1) the return the violator earned on the depreciable capital expenditures that were avoided at some earlier time, when the expenditures, presumptively, would have resulted in engineering ?xes that, at least in part, would have prevented further permit violations of the sort at issue; (2) the return the violator earned on avoided non-depreciable capital expenditures and other one-time costs that were avoided at an earlier time, when the expenditures, presumptively, would have contributed to the prevention of further permit violations of the sort at issue; and (3) the return the violator earned on avoided periodic costs that would have been incurred on, operation and maintenance of the capital equipment or process improvements that should have been implemented at an earlier time to, collectively, prevent further permit violations. The penalty policy explicitly does not treat as economic bene?t any other ?nancial gains the violator realized because of its avoided or delayed pollution-prevention efforts. But, . it does indicate ?all avoided cost returns earned a respondent will be included in the total assessed penalty? by their inclusion as an adjustment under the ?other factors as justice may require" factor. So, if increased market share were realized because products arrived at the market earlier than they would have, had pollution-prevention efforts been implemented, or if higher market prices or lower raw materials costs were realized by an earlier market entry, or if the general-in?ation-adjusted costs the costs as adjusted only by in GDP implicit price deflator) of the pollution-prevention measures, themselves, were greater at the earlier time than they were when the violator incurred them in reSponse to enforcement, or if process changes implemented to help prevent pollution have down-stream costs that were avoided during the pre-enforcement time period, all those ?nancial gains to the violator would be ignored on the economic bene?t calculation, but might be accounted for, later, under the ?other factors as justice may require? rubric. Once the economic bene?t values in each category have been determined, the penalty . policy directs that the values be summed and the violation base value be multiplied by a percentage that is a function of the summed values. If the values sum to more than $15,000, that percentage is 50%. Otherwise, the percentage is So, the penalty i supplement does not seek to recover the economic bene?t the violator realized from the violations. It just seeks to realize, at most, 50% of the violation base penalty. The penalty calculation worksheet for Fermosa is woefully incomplete in its enumeration of categories of avoided costs it considered. For, example, the agency did not include avoided property taxes in its abbreviated identi?cation of Formosa?s benefits from delayed property improvements. The penalty calculation worksheet provides no support for the avoided or delayed costs it does enumerate} so meaningful comment on those is not possible. There must be quali?ed industrial engineers and ?nancial available to the agency who could develop a defensible estimate of the economic bene?t Formosa gained through its noncompliance with its permit. The agency should employ or assign from within its staff persons with these skill sets to develop a recommended economic bene?t value. The present PCW recognizes only $1,100,000 in engineering and construction costs. It, then, contends the expenditure should have been incurred on March 10, 2016, the date the agency con?rmed the February 18, 2016, citizen complaint of discharges dating back to at least January 31, 2016. EPA investigations dating to at least June 2010 reported the pellet discharge problems to Cox Creek. The agency's Penalty Policy instructs that the penalty should recover the economic bene?t gained during the violation period. inasmuch as EPA and TCEQ inspectors reported the same pellet discharge problem in Cox Creek in June 2010, that was a realistic start date for the violations for which enforcement is being pursued, here. The $1,100,000 cost is unsupported by any itemization, let alone, any documentation. Commenters very much question the estimate, especially inasmuch as there is no indication the steps necessary to ?minimize" let alone, to reduce to ?trace? levels the pellet discharges were by July 31, 2017 (the date Formosa seeks'in the exculpatory paragraph of the proposed administrative order), or October 31, 2017 (the date of the agency?s offer to Formosa of settlement), or have yet (June 26, 2013) been implemented. There is no support for the estimated Sid/year cost of money the agency assumed; it is See, footnote 2, Supra. ll dif?cult to believe Formosa only earns 5%/year on the money avoids spending on environmental compliance. The agency presents in its penalty calculation worksheet no justi?cation for a 15~year amortization of the engineering cost and depreciation of the structures funded from the $1,100,000. And, if gabions really have only alS-year useful life, they are of such low quality that their purchase and emplacement would be imprudent and should not count as a cost of the ?remedy.? The only other elem ent of economic bene?t the current penalty calculation worksheet considers is the delayed costs of remediation and disposal. Again, with no itemization of individual costs or documentation of those costs or of the bases for believing they are the total such costs incurred, the pubiic has no realistic way to comment on this element of the economic bene?t calculation. There is also the matter that the remediation costs and, probably, even, the disposal costs are not at an end. There is just nothing credible about the $75 0,000 assumed by the agency as the principal on which Formosa was able to earn a return for an extra 1.30 years (which time frame grossly understates how long Formosa had the use of the money). H. Compliance history of the violator, as opposed to of the site (?Subtotal 30 TAC 60.2(h) provides for a calculated rating of the violator that is based on the complexity of the sites ?af?liated? with the violator and the violation histories of the sites. The agency provided absolutely no information as to the sites it considers af?liated with Formosa or as to their complexities or, for the most part, their compliance histories. Formosa Plastics Corp, USA, is the parent company of Formosa Plastics Corporation, Texas, the nominal operator of the Point Cemfort facility, as well as being the parent company of "Formosa" companies in Delaware, Illinois, and Louisiana. Formosa Plastics Corporation, USA, is, in turn, wholly owned by Formosa Plastics Corporation, a publicly traded Taiwanese corporation with numerous subsidiaries and sister companies largely controlled by Formosa Plastics Group of Taiwan. Formosa Plastics Corporation, Texas, l2 is one of a very large multinational web of interlocking companies. The agency somehow decided Formosa Plastics Corporation, Texas, is a ?satisfactory? violator. There is no information provided by the agency from which a commenter can critique that neutral categorization. I. The penalty policy says that the seven subtotals should be summed and that sum adjusted as appropriate in light of ?other factors as justice may require." The agency?s penalty calculation, in this instance, did not consider other factors as justice might require. J. In addition to increases associated with the factors that were omitted from the economic bene?t determination, Subtotal 6, the penalty sum should be increased by a large amount, because the harm done to the environment by Fennosa?s discharges is essentially irremediable in the near term. Millions or billions of plastic beads have been illegally discharged to the Creek since at least 2010. As Formosa?s attempts in the past year to clean up the discharges have demonstrated, there is no effective way to recapture the discharges, and the efforts Formosa has undertaken to date may well have caused more harm than good. Formosa?s financial might and industrial sophistication should be weighed as an additional consideration in the penalty calculus, too. Formosa Plastics Corporation, U.S.A., ultimately is a component of the Formosa Plastics Group. The parent group reported U.S.A. net 2017 income before taxes of$ 1 .096 billion;s Formosa Plastics Corporation, U.S.A., provides the bulk of that net income. The net income number was down 20% from the previous year. If companies of this size are to be deterred from the disregard of our environmental laws, they must be penalized at substantial levels when they are caught violating those laws. As has been noted more than once, already, Formosa has been illegally discharging plastic pellets to Cox Creek since at least the early part of 2010. That is a period of disregard of our environmental laws. 5 (visited June 26, 2018). l3 K. The agency?s penalty calculation for the proposed order, before considering ?other factOrs as justice may require," is, for the reasons identi?ed, here, badly de?cient. If the agency is still committed to a settled resolution of Formosa?s illegal discharges, the penalty component of that solution should be on the order of $15,367,600 (continuing violations from June 16, 2010) or $11,022,400 (continuing violations from January 31, 2016). Waterkeepers feel the former penalty is the appropriate one, given the solid evidence of unauthorized pellet discharges predating June 2010. The preceding penalty ?gures are based on (1) the surmise speculation, actually that the economic bene?ts Formosa realized from its pellet discharge violations in Cox Creek will be offset by the costs of cleanup and plant modi?cations ordered by agency, and (2) a belief justice requires a $10,000,000 penalty supplement to, perhaps, impress on Formosa and other ?rms of its financial heft the necessity of compliance with our environmental laws. $10,000,000 is roughly 1/ lOOths of Formosa Plastics Group's U.S.A. net income for one year, and a bad year, at that. It is only 40% Kevin Durant?s annual salary. The following table summarizes the components of the civil penalty Waterkeepers propose: Days Months Total, save of of Violation Plus. for con viola- viola? base Plus, Subtotal bene?t and Grand total, including tion tion penalty Subtotal 2 4 deterrence deterrence 2527 84 $1.390,000 $3,005,100 $472,500 $5,367,600 115 15,367,600 472 16 $360,000 $572,400 $90,000 $1,022,400 1 1,022,400 433 15 $337,500 $536,625 $84,375 $953,500 10,958,500 3. Modi?ed conclusion of law Conclusion of law number 5 should be modi?ed to be c0nsistent with the revised monetary penalty recommended, above. 4. A remedy should be ordered The proposed order requires, presumably (although that is not stated) to the end of identifying the fact of pellet and other solids discharges, only semi-annual evaluations of Cox Creek and Lavaca Bay and the Facility. It requires semi-annual removal and disposal of discharged solids, including pellets. It requires documentation of the evaluations and the removals and disposals. It requires semi-annual certi?cations regarding the evaluations, removals and disposals. The proposed order does not actually impose a remedy. It does not require the cessatiOn of the unauthorized discharges. The proposed order imposes no engineering ?x or requirement for a plan for an engineering It imposes no performance standard by which an engineering for would be evaluated, and it imposes no monitoring tools, the use of which would alert the agency to whether the performance standards were attained. It imposes no requirement for a planned removal of discharged pellets, so the proposed order does nothing to deter harm to Cox Creek and Lavaca Bay caused by cleanup efforts that is greater than the harm those areas would suffer, were some or all pellets left in place. All these failings need to be corrected. Conclusion Diane Wilson and the San Antonio Bay Estuarine Waterkeeper urge the agency really ire-think the logic and calculations underlying this proposed administrative order. The punishment the proposed order would impose is shockingly inadequate to the flagrancy of the violations and to their long period of occurrence and to the violator's long period of indifference to the violations and to the pervasiveness and longevity of the impacts of the violations. The people of the State, the regular people who are not individually wealthy or politically powerful, depend on this agency to enforce the environmental laws that protect the common natural resources of the State. Please rework the administrative order, if an agreement with Formosa for such an order is still to be had, to make it one an 15 enforcement agency can show the larger w0rld with a measure of pride. Demand remedy, proof of remedy, and a hefty financial penalty. Sincerely, David Frederick David Frederick State Bar No. 07412300 FREDERICK, PERALES, ALLMON ROCKWELL, PC 1206 San Antonio Austin, TX 78701 (512) 469-6000 Telephone rm.com David T. Bright State Bar No. 02991490 Federal Bar No. 8623 SICO HARRIS BRAUGH, LLP 802 N. Carancahua, Suite 900 Corpus Christi, Texas 7840l (361) 653-3300 Telephone (361) 653-3333 Fax Amy Johnson LAW OFFICES OF AMY R. JOHNSON State Bar No. 10679550 5836 SE Madison St. Portland, OR 97215 503-939-2996 Telephone 210-229-9323 Fax amy@savageiohnson.com Erin Gaines State Bar No. 24093462 EXAS RIOGRANDE LEGAL AID 4920 N-I35 Austin, TX 78751 512-374-2739 Telephone 512-447-3940 Fax egaines@trla.org Enrique Valdivia State Bar No. 20429100 TEXAS RIOGRANDE LEGAL AID l6 ll ll Main Avenue San Antonio, TX 78212 210-212-3700 Telephone 210-229-9328 Fax Counsel for S. Diane Wilson and San Antonio Bay Estuarine Waterkeepw l7 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Of?cial Photograph Log Photo No. 79 3? '1 . ?a Elm-stir; Hi: 1 -.J . u. 'I?u-Al -- 't Photographer: Nancy Pagan Date: 6f16/2010 Time: 2:33 PM Citnyounty: Point Comfort, Direction (facing): West State: TX Calhoun Location: Formosa Plastics Corp. Subject: Outfa11006 - plastic pellets found ?oating on water surface of gate (see Photo 78) Photo ID: DSCF3406 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Of?cial Photograph Log Photo No. 80 Photographer; Nancy Pagan Date: 6/16f2010 Time: 2:33 PM City/County: Point Comfort, Direction (facing): Down State: TX Calhoun Location: Formosa Plastics Corp. Subject: Outfall 006 Close~up of plastic pellets found ?oating 0n water surface of gate Photo ID: DSCF3407 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Of?cial Photograph Log Photo No. 81 Photographer: Nancy Fagan Date: 6! 16/2010 Time: 2:34 PM City/County: Point Comfort, Direction (facing): Down State: TX Calhoun . Location: Formosa Plastics Corp. Subject: Outfall 006 - Plastic pellets on concrete steps from earlier highwtaer event of gate Photo ID: DSCF3403 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Official Photograph Log Photo No. 94 I .. . . 353? ?fife Photographer: Nancy Fagan Date: 6/16/2010 Time: 2:37 PM City/County: Point Comfort, Direction (facing): Down State: TX Calhoun Location: Formosa Plastics Corp. Subject: Outfali 006 - Pellets ?oating on creek-side and beyond the concrete apron of of Outfall 006, ?owing towards Cox Creek Photo ID: DSCF3413 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Of?cial Photograph Log Photo No. 96 Photographer: Nancy Pagan Date: 6/ 16f2010 Time: 2:41 PM City/County: Point Comfort, Calhoun Direction (facing): Down State: TX Location: Formosa Plastics Corp. Subject: Outfall 007 - Soroon of gate Photo ID: DSCF3415 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Of?cial Photograph Log Photo No. 101 Photographer: Nancy Pagan Date: 6/16/2010 Time: 3:11 PM Citnyounty: Point Comfort, Direction (facing): Down State: TX Calhoun Location: Formosa Plastics C011). Subject: Outfall 008 - Apparent deposit of plastic pellets on concrete apron from previous high water event Photo ID: DSCF3420 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Of?cial Photograph Log Photo No. 102 Photographer: Nancy Fagan Date: 6/16l2010 Time: 3:11 PM City/County: Point Comfort, Direction (facing): Down State: TX Calhoun Location: Formosa Plastics Corp. Subject: Outfall 008 - Close-up of apparent deposit of plastic pellets on concrete apron from previous high water event Photo ID: DSCF3421 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Of?cial Photograph Log Photo No. 103 Photographer: Nancy Pagan Date: 6f] 6/2010 Time: 3:1 1 PM City/County: Point Comfort, Direction (facing): Down State: TX Calhoun Location: Formosa Plastics Corp. Subject: Outfall 008 - Close-up of plastic pellets of different shapu and sizes (soc Photos 104 and 105) Photo ID: DSCF3422 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Of?cial Photograph Log Photo No. 104 Nancy Fagan Date: 6l2010 Time: 3:12 PM Citnyounty: Point Comfort, Direction (facing): Down State: TX Calhoun Location: Formosa Plastics Corp. Subject: Outfall 008 - Close-up of plastic pellets of shapes and sizes (sec Photos 103 and 105) Photo ID: DSCF3423 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Of?cial Photograph Log Photo No. 105 Photographer: Nancy Pagan Date: 6/16/2010 Time: 3:13 PM City/County: Point Comfort, Direction (facing): Down State: TX Calhoun Location: Formosa Plastics Colp. Subject: Outfall 008 - Close-up of plastic pellets of different shapes and sizes (see Photos 103 and 104) Photo ID: DSCF3424 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Of?cial Photograph Log Photo No. 106 Photographer: Nancy Pagan Date: 6/ 6/2010 Time: 3:19 PM Citleounty: Point Comfort, Direction (facing): Down State: TX Calhoun Location: Formosa Plastics Corp. Subject: Outfall 008 - Feral hog prints in mud from Outfall 008 before the drainage crosses through chain-link fence on east side of property Photo ID: DSCF3425 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Of?cial Photograph Log Photo No. 107 Photographer: Nancy Pagan Date: 6/16/2010 Time: 3:20 PM City/County: Point Comfort, Calhoun Direction (facing): Down Stats: TX Location: Plastics Corp. Subject: Outfall 008 - Plastic pellets of Outfall 003 Photo ID: DSCF3426 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Of?cial Photograph Log Photo No. 119 Photographer: Nancy Fagan Date: 6/16f2010 Time: 4:045 PM City/County: Point Comfort, Calhoun Direction (facing): Down State: TX location: Formosa Plastics Corp. Subject: Outfall 009 - Plastic pellets (see Photo 120) Photo ID: DSCF3438 jon Niermann. Chairman Emily Commissioner Toby Baker. Executive Director TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution November 27, 2018 Mr. David Frederick Frederick, Perales, Allmon 8r Rockwell PC 1206 San Antonio Street Austin, Texas 78701-1834 Re: Comment Received, Proposed Agreed Enforcement Order FORMOSA UTILITY VENTURE, LTD. and FORMOSA PLASTICS CORPORATION, RN1ooa18973 Docket No. Enforcement Case No. 54494 Dear Mr. Frederick: 011 June 26, so 18, we received your letter concerning the preposed agreed enforcement order for the FORMOSA UTILITY VENTURE, LTD. and FORMOSA PLASTICS CORPORATION, TEXAS ("the Respondents") in Calhoun County, Texas. I have forwarded your letter to our Corpus Christi Regional Of?ce for their information and to our General Counsel's Of?ce so that the Commissioners can consider your comments regarding the preposed order. Texas Commission on Environmental Quality staff and the Respondents agreed on the terms of the proposed agreed order, Docket No. ("Order"), on March 19. 2018. Accordingly, the Respondents were assessed, and have paid, an administrative penalty of One Hundred Twenty-One Thousand Eight Hundred Seventy?Five Dollars In addition to the penalty, the Order recognizes that the Respondents have collected and properly disposed of approximately 112,000 pounds of debris and plastic pellets from Lavaca Bay and approximately 327,000 pounds of debris and plastic pellets from Cox Creek. Also, the Order recognizes that the Respondents identi?ed potential sources of the plastic pellets and implemented a pellet recovery system to minimize future discharges of solids, including plastic pellets from the manufacturing facility located at 201 FOrmosa Drive, one mile north of the intersection of State Highway 35 and Farm?to-Market Road 1593, northeast of Point Comfort, Calhoun County, Texas (the "Facility") by installing a cone ?lter, ?oating booms, wedge and gate screens, and gabions. The Order requires the Respondents to conduct semi-annual'comprehensive evaluations of the Facility, Cox Creek, and Lavaca Bay, and remove and properly dispose of any discharged solids, including plastic pellets found during each evaluation. The Order also requires that the Respondents document the evaluation of each location and the resulting removal and disposal of any discharged solids, including plastic pellets and ensure that all records of the evaluations and resulting removal and disposal are maintained at the Facility and made readily available for review upon request. If followed, in addition to the corrective actions put into place, this continuous compliance action should reduce the potential of pellet discharges. This requirement does not relieve the Respondents from their responsibility to comply with all rules P.D.Box1308i' . Austm.Texas 33711-3037 512-239-1000 tceqtexasgov How Is customer tceq.texas.govfcustomersurvey Cll?l I'L'lf??t'lE'l'l paper using v?tlt'fl??l? If?. Mr. David Frederick Page 2 November 27, 2018 and regulations of the TCEQ and of the U.S. Environmental Protection Agency at all times. Therefore, if additional discharges are con?rmed during future investigations by our regional of?ce, additional enforcement may be pursued, and potentially more stringent corrective actions may be required. Diane Wilson and the San Antonio Bay Estuarine Waterkeeper ["Comrnenters") expressed concerns listed as LA through 1.1, 2.A through 3, and 4. respooses to each comment are listed below. LA. Commenters request that an additional ?nding of fact be added to the Order to reduce the ambiguity of what is being addressed in the Order and said to be resolved. At this time, no additional ?nding of fact is deemed necessary as the violations are clearly stated in the proposed agreed order and no violations have been resolved. LB. Commenters state that the April 4, 2017 record review date has no relevance and that the ?nding of fact should be deleted. April 4, 2017 does have relevance to this case as it is the date that a TCEQ investigator documented that compliance had not been achieved within an allotted timeframe established in the Notice of Violation resulting from the March 10-14, 2016 investigation. The penalty calculation in this instance is consistent with the application of the Penalty Policy. 1.0. Commenters requast that an additional ?nding of fact be included in the Order to state the end date of the violation regarding the discharge of solids. This information is included in the Penalty Calculation Worksheet and it is not TCEQ's practice to include it in the Order as an additional ?nding of fact. Consistent with the TCEQ's Penalty Policy, the end date for continuing violations is the screening date for penalty calculation. 1.D. Commenters request an additional ?nding of fact be included in the Order stating that the violation regarding the discharge of solids is a continuing violation. It is not TCEQ's practice to state in the Order whether each violation is continuing or discrete. LE. Commenters state that Findings of Fact Nos. 3.a and 3.b listing the corrective actions taken by the Respondents have no place in the Order. It is TCEQ's practice to recognize actions taken towards compliance. 1.F. As stated in Response LE, it is practice to recognize actions taken towards compliance. Based on the actions taken by the Respondents, it is appropriate to say that such actions have been put in place to minimize the discharge of solids from the Facility. LG. Commenters state that Finding of Fact No. 3.b is ambiguous as to where the ?oating booms are located and that the Finding of Fact No. 3.b should be clarified to state that the ?oating booms are located within the Facility. Commenters expressed concern that the Order would illegally amend the permit. Finding of Fact No. 3.b recognizes actions Mr. David Frederick Page 3 November 27, 201B 1.H. 1.1. to minimize discharges of solids from the Facility. Additional booms placed outside the Facility are to contain and remove solids as needed. The Order does not modify or amend the permit. Commenters request an additional ?nding of fact stating that the penalty and remedial measures are only acceptable to TCEQ because they resolve the enforcement action without litigation. The fact that settlement was reached without a referral to TCEQ's Litigation Division did not in?uence the penalty or the corrective actions listed in the Order. It is not TCEQ's practice to include this type of ?nding in its orders. Commenters request that an additional ?nding of fact be added to address the harm of the violation. It is not TCEQ's practice to include a ?nding on harm in its orders. The PCW lists the category of harm for this violation and notes the reason for the harm determination. Commenters mention that heads have been found in the stomachs of ?sh, but a TCEQ investigator has not documented such an instance. As re?ected in Finding of Fact No. 2.a, a TCEQ investigator documented that plastic pellets were 2.3.. 2. B. 2.0. observed ?oating in Cox Creek and embedded in the creek's sediment. Based on the violation documented by TCEQ and in accordance with TCEQ's Penalty Policy, the correct category of harm is used for this violation. Commenters offer several dates prior to the Apri14, 2017 record review date to use as the commencement of the violation. Commenters mention an EPA investigation conducted in 2010 and a citizen complaint from January 31, 2016. Commenters state that the POW was not completed in a manner consistent with the TCEQ's Penalty Policy. It is TCEQ's practice to use dates on which TCEQ's investigators have documented violations during TCEQ-approved investigations or record reviews that demonstrate that compliance has not been met within an allotted period of time. The March 10-14, 2016 investigation resulted in a Notice of Violation. The Respondents did not submit documentation demonstrating compliance with the violations documented in the Notice of Violation within the allotted timeframe. This was documented by TCEQ in the April 4, 2017 record review and is therefore used as the violation start date for penalty calculation purposes. The penalty calculation is consistent with the TCEQ's application of the Penalty Policy. Commenters disagree with the 43 violation days calculated by TCEQ for this violation and offer several other options for the start date of the violation. As stated in Responses LB and 2A, the record review date of April 4, 2017 is an appropriate start date for penalty calculation in this case. Commenters discuss how the compliance history adjustment of 159% to 100% follows TCEQ's 2014 Penalty Policy but is not consistent with 30 TEX. Anmm. Coon ch. 60. Texas Water Code caps the penalty enhancement attributed to the compliance history at 100% of the base penalty amount. Mr. David Frederick Page 4 November 27, 2018 2.D. 2.E. 2.F. 2G. 2.1-I. No change is necessary as the Commenters take the stance that the lack of the "repeat violator" enhancement is appropriate. Commenters bring up the lack of a culpability (subtotal 4) enhancement in the PCW and mention that inspections occurred in 2010. TCEQ evaluated a penalty enhancement due to culpability and, in accordance with the TCEQ's Penalty Policy, examined the ?ve-year period prior to the initial settlement offer [October 31, 2012 October 31, 2017). TCEQ determined that there was insuf?cient documentation to meet the culpability criteria in the TCEQ's Penalty Policy. No change is necessary as the Commenters take the stance that the lack of a ?good faith efforts" reduction is appropriate. - Commenters question how the economic bene?t cost estimates were obtained and state that they should be increased. Commenters correctly recite TCEQ's Penalty Policy in regards to how a base penalty enhancement of 50% is triggered when a bene?t of $15,000 or more is recognized as a delayed cost, but state that additional penalties need to be added to the PCW. TCEQ adjusted the total base penalty with the 50% economic bene?t enhancement, but TCEQ's Penalty Policy does not provide for any additional adjustment due to delayed costs. In regards to the avoided costs, it was determined that there were no avoided costs associated with the violations. Commenters state the agency should use staff with the skill sets to develop a recommended economic bene?t value. TCEQ utilizes staff with the appr0priate skill level and knowledge to estimate economic bene?t for penalty calculation purposes. TCEQ economic bene?t calculations were deve10ped based on documentation from the Respondents regarding their corrective actions. The economic bene?t worksheets were completed correctly and no change is necessary. Commenters question how TCEQ concluded that a Satisfactory classi?cation be used for the compliance history portion of the PCW. All the sites associated with CN600130017 (FORMOSA PLASTICS CORPORATION, TEXAS) and CM 602650954 (FORMOSA UTILITY VENTURE, LTD.) in the TCEQ's Central Registry database were considered when determining the classification of the Respondents. The sites under both entities are RN103136326, RN105266274, RN103031332, RN100218973, RN106187024, RN105922884, RN105742431, and RN102972502- Following the calculation of the compliance history ratings on September 1, 2016, as speci?ed in 30 Tax. ADMIN. CODE ch. 60, the Respondents were both classi?ed as Satisfactory perfOrIners. Based on evaluation of the compliance history classi?cation for both Respondents, no change is necessary. Mr. David Frederick Page 5 November 27, 2018 2.1. 2.J. 2.1L Commenters state that the agency did not consider "other factors as justice may require" in calculating the penalty. TCEQ did evaluate "other factors as justice may require,? and determined that there were no factors warranting an upward or downward adjustment to the penalty. Commenters do not identify any factors here they believe TCEQ did not consider. . - Commenters state the penalty should be increased due to the harm done to the environment. As explained in Response LI, TCEQ considered the violation?s harm in calculating the penalty. Commenters request that the Respondents' "?nancial might" be considered when calculating an appropriate penalty. The penalty was calculated in accordance with the TCEQ's Penalty Policy and takes into consideration all the factors outlined in Texas Water Code 7.053. Commenters state that TCEQ's penalty calculation is "badly deficient" and offer two alternative penalties, $15,367,600 (June 16, 2010 to screening) and $11,022,400 (January 31, 2016 to screening). As mentioned in Response the dates used for the duration of this violation are consistent with the TCEQ's Penalty Policy. Additional] Commenters state that a $10,000,000 penalty increase is appropriate to deter other violators of environmental laws in light of the Respondents' net income. No change is necessary as the penalty was correctly calculated in accordance with the TCEQ's Penalty Policy and takes into consideration all the factors outlined in Texas Water Code 7.053. Commenters state that Conclusion of Law No. 5 should be adjusted to be consistent with the penalty recommendation in Comment No. 2K. As stated in the Response 2.K, the penalty was correctly calculated and therefore no change is necessary. Commenters state that the Order does not impose a remedy. Although the Order recognizes the actions taken by the Respondents to minimize the discharge of solids from the Facility, it does impose a remedy. TCEQ is taking a proactive approach and requiring the Respondents to conduct periodic evaluations throughout the life of the Order and removing and disposing of any solids found during these evaluations. This requirement for a planned removal of discharged solids is addressed in the Order under Ordering Provision No. 3.0. This approach takes into consideration the potential issue that solids already discharged from the Facility may take time to surface after being embedded in sediment, which makes it dif?cult to determine if there are newly discharged solids. determines the measures taken by the Respondents are inadequate and there are additional documented discharges of solids, then further action may be taken by the TCEQ. Mr. David Frederick Page 6 November 27, 2018 We appreciate your input into the enforcement action currently pending against the Respondents. The Order will he considered at an upcoming Commissioners' Agenda. Mr. Austin Henck is the Enforcement Coordinator assigned to this case. If you have further concerns or comments related to the Order, please do not hesitate to call Mr. Henck at (512) 239-6155. For complaints related to the Respondents' current operating conditions or procedures, you should continue to contact our Corpus Christi RegiOnal Of?ce at (361) 825?3100. Sincerely, - 5 Bry inclair, Director Enfo ement Division Texas Commission on Environmental Quality cc: David T. Bright, Sico Hoelscher Harris 8: Braugh, LLP, Boa North Carancahua, Suite 90o, Corpus Christi, Texas 784m Ms. Amy Johnson, Law Of?ces of Amy R. Johnson, 5836 Southeast Madison Street, Portland, Oregon 97215 - Ms. Erin Gaines, Texas RioGraude Legal Aid, 4920 North Interstate Highway 35, Austin, Texas 78751 Mr. Enrique Valdivia, Texas RioGrande Legal Aid, 1111 North Main Avenue, San Antonio, Texas 73212 - Penalty Calculation Worksheet (PCW) Policy Revision 4 [April .2014) PCW Revision March 26, 201d DATES Assigned PCW 25-May-2017 Screening 17-Ma "201? EPA .Due 3vJul-201? RESPDN FACILITY INFORMATION Respondent FORMOSA UTILITY VENTURE, LTD. and FORMOSA PLASTICS CORPORATION, TEXAS Reg. Ent. Ref. No. RN 100218973 Facility/Site Region 14-Corpus Christi Major/Minor SourcelMajor CASE INFORMATION Enf./Case ID No. No. of Violations 2 Docket No. 17-0737-IWD-E Order Type Findings Media Program(s) ater no i Governmentl?on-Pro?t No Multi-Media Enf. Coordinator Austin Henck Ec's Team Enforcement Team 3 Admin. Penalty 5 Limit 25 E100 Penalty Calculation Section TOTAL BASE PENALTY (Sum of violation base penalties) Subtotall ADJUSTMENTS TO SUBTOTAL 1 Subtorals 2-7 are obtained by multiplying the Total Base Penalty (Subtotal 1) by the indicated percentage. Compliance History 100.0% Adjustment Subtotals 2, 3, at 7 Enhancement for one month of self-reported effluent violations, one NOV with a same or similar violation, eleven NOVs with dissimilar violations, Notes two agreed orders with denial of liability, two EPA orders, and two agreed orders without denial of liability; and reduction for one NDtiCe of Intent and one Disclosure of Violations. Culpabllity NO I 0.0% Enhancement Subtotal 4 Notes The RESpondents do not meet the tulpaoility criteria. Good Faith Effort to Comply Total Adjustments Subtotal 5 Economic Benefit 50.0% Enhancement? Subtotal 6 $24 375 Total EB Amounts Tapped at the Total E5 5 Amount Estimated Cost of Compliance SUM OF SUBTOTALS Final Subtotal $121375 OTHER name As JUSTICE MAY REQUIRE 0.0% Adjustment Reduces or enhances the Final Subtotal by the indicated percentage. Flnal Penalty Amount STATUTORY LIMIT ADJUSTMENT Flnal Assessed Penalty DEFERRAL Reduction Adjustment Reduces the Final Assessed Penalty by the indicated percentage. Notes No deferral is recommended for Findings Orders. PAYABLE PENALTY . Screening Date 17-May-2017? Docket No. 2017?0737-Iwo-E PCW Respondent FORMOSA UTILITY VENTURE, LTD. and FDRMOSA PLASTICS Foiicy Revision 4 (Ann: 20H) Case ID NO. 54494 PCW Revision March 26, 2014 Reg. Ent. Reference No. RN100213973 Media [Statute] Water Quality Enf. Coordinator Austin Henclt Compliance History Worksheet on: Compliance History Site Enhancement (Subtotal 2) Component Number Number Adjust. Written notices of violation with same or similar violations as those in 2 10% NOW the current enforcement action (number of NOVs meeting criteria) Other written NOVs 11 22% Any agreed final enforcement orders containing a denial of liability (number of 0 orders meeting criteria) 4 80 /o Orders Any adjudicated final enforcement orders, agreed final enforcement orders without a denial of liability, or default orders of this state or the federal 2 50% government, or any final prohibitory emergency orders issued by the commission Any non?adjudicated final court judgments or consent decrees containing a denial of liability of this state or the federal government (number of judgments or 0% Judgments consent decrees meeting critEria) rid Consent a Decrees Any adjudicated final court judgments and default judgments, or non-adjudicated final court judgments or consent decrees without a denial of liability, of this state 0 0% or the federal government Any criminal convictions of this state or the federal government (number of . . a counts) 0 in Emissions Chronic excessive emissions events (number of events) 0 0% ?Otifving the executive director of an intended audit conducted under the Texas Environmental, Health, and Safety Audit Privilege Act, 74th Legislature, 1 Audits 1995 (number ofaudits far which notices were submitted) Disclosures of violations under the Texas Environmental, Health, and Safety Audit Privilege Act, 74th Legislature, 1995 (number of audits for which violations were 1 disclosed Environmental management systems in place for one year or more No 0% Voluntary on-site compliance assessments conducted by the exeCutive director 0% Other under a special assistance program 0 Participation in a voluntary pollution reduction program No 0% Early compliance with, Or offer of a product that meets future state or federal 00/ government environmental requirements 0 ?3 Adjustment Percentage (Subtotal 2) Repeat Violator (Subtotal 3) I No I Adjustment Percentage (Subtotal 3 ,1 Compllance History Person Classification (Subtotal 7) I Satisfactory Performer Adjustment Percentage (Subtotal' 7} Compliance History Summary Enhancement for one month of self-reported effluent violations, one NOV with a same or similar violation, eleven NDVs with dissimilar violations, two agreed orders with denial of liability, two EPA orders, and two agreed orders without denial of liability; and reduction for one Notice of Intent and one Disclosure of Violations. Compliance History NotEs Total Compliance History Adjustment Percentage (Subtotals 2, a 7) Finai Compliance History Adjustment Final Adjustment Percentage *capped at 100% Screening Date 17-may-2017 Docket No. 2017-0737-Iwo-E PCW Resp??dent FORMOSA UTILITY VENTURE, LTD. and FDRMOSA Policy Revision 4 C356 ID NO. 54494 PCW Rewslon March 26, 20.? Reg. Ent. Reference No. RN100218973 Media [Statute] Water Quality Enf. Coordinator Austin Henck Violation Number 1 Tax. Water Code 30 Tea. Admin. Code 305.1250), and Texas Rule Cite?) Pollutant Discharge Elimination System Permit No. WQ0002435000, Effluent Limitations and Monitoring Redulrements No. 3, Outfall Nos. 006, 008, and 009 Failed to prevent the discharge of solids In other than trace amounts Into Dr adjacent to any water in the state. Speci?cally, plastic pellets were discharged from Ciutfall Nos. 006, 008, and 009 and wore observed ?oating In Cox Creel-t and embedded In the creek's sediment. Violation Description Base Penalty $25 000 Emiironmentah Property and Human Health Matrix Harm Release Major Moderate Minor OR Percent 30.0% bbProgramniatio Matrix . Falsiflcatlon Major Moderate Minor II II Percent Human health or the environment has been exposed to signi?cant amounts of pollutants which do not exceed lovels that are protective of human health or environmental receptors as a re5ult of the violation. Matrix Notes Adjustment 5? 500 Violation Events Number of Violation Events_ Number of violation days daily weekly . - 'quarteri'y. senilannu'al' annual . single event Violation Base Penalty $45,000 Six events are recommended (two events per outfall), from the April 4, 201? record review date to the May 17, 2017 screening date. Good Faith Effort: to comply - Before NOEJNDV NOEINOV to EDPRPISettIement Offer Extraordinary ?Reduction Ordinary The Respondents do not meet the good faith criteria for Notes this violation. Violation Subtotal $45 000 Economic Benefit. (EB): r-for- this violation Statutory Limit Test Estimated EB Amount] $155.07? Violation Final Penalty Total $112 500 This violation Final Assessed Penalty (adjusted for limits) 1112 500 Economic Benefit Worksheet FORMDSA UTILITY VENTURE, LTD. and FORMOSA PLASTICS CORPORATION. TEXAS Case ID No. 54494 Reg. Ent. Reference No. RN100213973 Media Water Quail: Years of Violation No. 1 Percent Interest Depreciation 5:0 15 Item Cost Date Required Final Date Interest saved Onetime Costs EB Amount Item Description Delaved Costs Equipment Buildings Othlr (as needed) Land Record Keeping System Tummy/Sampling Remediation/Disposal Perl-nit Costs Other (as needed) Estimated 1:0 determine the potential scorces of the plastic pellets and implement a pellet recovery system to minimize future discharges of plastic pellets from the Facility, Including the Installation of a cone filter, ?oating booms, wedge and gate screens, and gatiions. The date required Is the date of the Initial Investigation and the ?nal date is the date corrective actions were Completed. Notes ior DELAYED costs Estimated cost to collect and properly dispose of approximately 112,000 pounds of debris and plastic pellets from Lavaca Bay, and approximately 327,000 pounds of debris and plastic pellets from Cox Creek. The date required Is the date of the initial Investigation and the final date is the date corrective actions WEre completed. Avoided Costs Disposal Personnel Inspectionl?aportinn{Sampling Financial Assurance ONE-TIME avoided coats other (as needed} Netti for AVOIDED coll! Approx. cm of compliance TOTALI Screening Date 17-May-2017 Docket lilo. PCW Respondent UTILITY VENTURE, LTD. and FDRMOSA PLASTICS Polity Revision ii (April 20?) Case ID No. 54494 Reg. Ent. Reference No. RN100218973 Media [Statute] Water Quality Enf. Coordinator Austin Henck Violation Number, 2 PCW Revision March 2'6. 20? Rule Citeu) 30 Tex. Admin. Code 55 305.125?) and 319.11(c) and TPDES Permit No. WQ0002436000, Monitoring and Reporting Requirements No. 2.a Failed to properly analyze effluent samples. Specl?cailv, the Hach Chemical Oxygen Demand Method 3000 analysis was performed with a chloride concentration greater Violation Description than 2,000 milligrams per liter when the chloride maximum concentration limit for the method is 2,000 mg/L for non-diluted samples and 1,000 mg/L l'or diluted samples. Base Penalty $25 000 Environmental, Property and Human Health Matrix Harm Release Major Moderate Minor OR Actual Potential Percent 15.0% ?lo-Programmatic Matrix-r .. a i Falsmcatlon Major MoUErate Minor II II [l Percent 0 13% Matrix Notes Human health or the environment will or could be exposed to significant amounts of pollutants that would not ExCeed levels that are protective of human health or environmental receptors as a result of the Violation. Violation Events Number of Violation Even_ daily? weekly doart'eriv. semiannual annual. Single event; Adjustment :3 750 _Number of violation days Violation Base Penalty 53,750 One quarterly event is rec0mrnended from the April 4, 2017 record review date to the May 17, 2017 screening date. Good Faith Efforts to Comply Reduction Before NDEINDV NOEIHDV to EDPRP/Settlement Offer Extraordinary Ordinary II The Respondents do not meet the good faith criteria for DIES this violation. Violation Subtotal $3 Economic forI-this"--violation? estimated EB Amount[_ $21] Violation Flnal Penalty Total? violation Final Assessed Penalty [adjusted for $9 375 Economic Benefit Worksheet FORMDSA UTILITY VENTURE, LTD. and FDRMOSA PLASTICS CORPORATION, TEXAS Case ID NO. 54494 Reg. Ent. Reference No. RN100218973 Media Water Quality Years of Violation No. 2 Percent Interest Depreciation 5.0 15 Item Cost Date Required Flnal Date Interest Saved Onetlme Costs EB Amount Item Descriptlon Delayed Costs enulpmant Other (I: needed} EnolneerlnoIConnructlon Land Record System ?emediatlonlnisponl . . . Parmlt Costs I Other (as needed) 5 Estimated cost, to Implement a method to properly analyze chemical oxygen demand at the Facility. Date requlred Is the date of the record revlew and the ?nal date Is the estimated date of compllance. Notes for DELAYED coitl Avoided (395115 1 costs Disponl Personnel Suppliestqulprnent Financial Assurance ONE-TIMI avoided cum Other (as needed} Note: for AVDIDID costs Approx. Catt ofcompllance 5500] $21] The TCEQ is committed to accessibility. To request a more accessible version of this report, please contact the TCEQ Help Desk at (512) 239-4357. TCEQ Compliance History Report Compliance History Report for CN602650954, RN100218973, Rating Year 2016 which includes Compliance History (CH) components from September 1, 2011, through August 31, 2016. Customer, Respondent, CN602650954, FORMOSA UTILITY VENTURE, Classification: SATISFACTORY Rating: 3.20 RN100218973. Formosa Point Comfort Plant Classification: SATISFACTORY Rating: 3.20 Repeat Violator: NO 201 FORMOSA DRIVE, ONE MILE NORTH OF THE INTERSECTION OF STATE HIGHWAY 35 AND ROAD 21593, NORTHEAST OF POINT COMFORT, CALHOUN COUNTY, TEXAS or Owner/Opemtor: LTD. Regulated Entity: Complexity Points: 56 CH Group: 05 - Chemical Manufacturing Location: TCEQ Region: REGION 14 - CORPUS CHRISTI ID Number(s): AIR OPERATING PERMITS ACCOUNT NUMBER CBODBBQ AIR OPERATING PERMITS PERMIT 1951 AIR OPERATING PERMITS PERMIT 1954 AIR OPERATING PERMITS PERMIT 1956 AIR OPERATING PERMITS PERMIT 1958 AIR OPERATING PERMITS PERMIT 3421 POLLUTION PREVENTION PLANNING ID NUMBER P08990 AIR NEW SOURCE PERMITS PERMIT 7699 AIR NEW SOURCE PERMITS PERMIT 19166 AIR NEW SOURCE PERMITS PERMIT 19168 AIR NEW SOURCE PERMITS PERMIT 19199 AIR NEW SOURCE PERMITS PERMIT 19201 AIR NEW SOURCE PERMITS PERMIT 20203 AIR NEW SOURCE PERMITS REGISTRATION 31130 AIR NEW SOURCE PERMITS REGISTRATION 26270 AIR NEW SOURCE PERMITS REGISTRATION 26523 AIR NEW SOURCE PERMITS REGISTRATION 35292 AIR NEW SOURCE PERMITS PERMIT 40157 AIR NEW SOURCE PERMITS REGISTRATION 41145 AIR NEW SOURCE PERMITS REGISTRATION 4484? AIR NEW SOURCE PERMITS ACCOUNT NUMBER CBOOBBQ AIR NEW SOURCE PERMITS REGISTRATION 52259 AIR NEW SOURCE PERMITS REGISTRATION 75974 AIR NEW SOURCE PERMITS REGISTRATION 132277 AIR NEW SOURCE PERMITS PERMIT 107520 AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS REGISTRATION 79826 AIR NEW SOURCE PERMITS REGISTRATION 81109 AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS REGISTRATION 63608 AIR NEW SOURCE PERMITS REGISTRATION 86398 AIR NEW SOURCE PERMITS REGISTRATION 84539 AIR NEW SOURCE PERMITS REGISTRATION 34738 AIR NEW SOURCE PERMITS REGISTRATION 84730 AIR NEW SOURCE PERMITS REGISTRATION 91047 AIR NEW SOURCE PERMITS REGISTRATION 88447 AIR OPERATING PERMITS PERMIT 1434 AIR OPERATING PERMITS PERMIT 1953 AIR OPERATING PERMITS PERMIT 1955 AIR OPERATING PERMITS PERMIT 1957 AIR OPERATING PERMITS PERMIT 3409 POLLUTION PREVENTION PLANNING ID NUMBER P002534 AIR NEW SOURCE PERMITS AFS NUM 4805700015 AIR NEW SOURCE PERMITS PERMIT 17030 AIR NEW SOURCE PERMITS PERMIT 19167 AIR NEW SOURCE PERMITS PERMIT 1919B AIR NEW SOURCE PERMITS PERMIT 19200 AIR NEW SOURCE PERMITS PERMIT 19871 AIR NEW SOURCE PERMITS REGISTRATION 29765 AIR NEW SOURCE PERMITS REGISTRATION 26267 AIR NEW SOURCE PERMITS REGISTRATION 26351 AIR NEW SOURCE PERMITS REGISTRATION 26266 AIR NEW SOURCE PERMITS REGISTRATION 37070 AIR NEW SOURCE PERMITS REGISTRATION 40293 AIR NEW SOURCE PERMITS REGISTRATION 43265 AIR NEW SOURCE PERMITS REGISTRATION 44933 AIR NEW SOURCE PERMITS REGISTRATION 52359 AIR NEW SOURCE PERMITS EPA PERMIT HAP10 AIR NEW SOURCE PERMITS PERMIT 76305 AIR NEW SOURCE PERMITS PERMIT 76044 AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS REGISTRATION 78769 AIR NEW SOURCE PERMITS REGISTRATION 30193 AIR NEW SOURCE PERMITS EPA PERMIT HAP2 AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS PERMIT 83763 AIR NEW SOURCE PERMITS REGISTRATION B3990 AIR NEW SOURCE PERMITS REGISTRATION B3489 AIR NEW SOURCE PERMITS PERMIT B7363 AIR NEW SOURCE PERMITS REGISTRATION 85081 AIR NEW SOURCE PERMITS REGISTRATION 85100 AIR NEW SOURCE PERMITS PERMIT 91780 AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS REGISTRATION 96403 AIR NEW SOURCE PERMITS REGISTRATION 102123 AIR NEW SOURCE PERMITS EPA PERMIT PSOTX1500 AIR NEW SOURCE PERMITS REGISTRATION 119133 AIR NEW SOURCE PERMITS REGISTRATION 132905 AIR NEW SOURCE PERMITS PERMIT 127833 AIR NEW SOURCE PERMITS PERMIT 140763 AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS REGISTRATION 115795 AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS REGISTRATION 145955 AIR NEW SOURCE PERMITS REGISTRATION 145953 INDUSTRIAL AND HAZARDOUS WASTE SOLID WASTE REGISTRATION (SWR) 319-45 INDUSTRIAL AND HAZARDOUS WASTE SOLID WASTE REGISTRATION (SWR) 82613 INDUSTRIAL AND HAIARDOUS WASTE PERMIT PC031945 WASTEWATER EPA ID TX0085570 UNDERGROUND INJECTION CONTROL PERMIT WDW403 STORMWATER PERMIT STORMWATER PERMIT TXR150024BBO STORMWATER PERMIT TXRISDO 18054 STORMWATER PERMIT TXR15370EI STORMWATER PERMIT TXR1537IB AIR EMISSIONS INVENTORY ACCOUNT NUMBER C30033Q TAX RELIEF ID NUMBER 16667 TAX RELIEF ID NUMBER 15792 TAX RELIEF ID NUMBER 16796 TAX RELIEF ID NUMBER 16663 Compliance History Period: September 01, 2011 to August 31, 2015 AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS PERMIT 102513 AIR NEW SOURCE PERMITS REGISTRATION 132123 AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS REGISTRATION 134477 AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS REGISTRATION 131445 AIR NEW SOURCE PERMITS REGISTRATION 129793 AIR NEW SOURCE PERMITS REGISTRATION 116253 AIR NEW SOURCE PERMITS PERMIT 128752 AIR NEW SOURCE PERMITS REGISTRATION 128431 AIR NEW SOURCE PERMITS REGISTRATION 142099 AIR NEW SOURCE PERMITS REGISTRATION 145753 INDUSTRIAL AND HAZARDOUS WASTE EPA ID TXT490011293 INDUSTRIAL AND HAZARDOUS WASTE EPA ID TX0000888164 INDUSTRIAL AND HAZARDOUS WASTE PERMIT 5034B WASTEWATER PERMIT WQ0002436000 UNDERGROUND INJECTION CONTROL PERMIT wow-402 IHW CORRECTIVE ACTION SOLID WASTE REGISTRATION (swn) 31945 STORMWATER PERMIT TXR150015113 5T0 RMWATER PERMIT Txmsomsooe STORMWATER PERMIT PERMIT STORMWATER PERMIT TXRISOBZB PUBLIC WATER REGISTRATION 0290074 TAX RELIEF ID NUMBER 16751 TAX RELIEF ID NUMBER 16795 TAX RELIEF ID NUMBER 16793 Rating Year: 2016 Rating Date: 09/01/2016 Date Compliance History Report Prepared: July 14, 2017 Agency Decision Requiring Compliance History: Enforcement Component Period Selected: May 17, 2012 to May 17, 201? TCEQ Staff Member to Contact for Additional Information Regarding This Compliance HistOry. Name: Austin Henck Phone: (512) 239-6155 Sit wner 0 era or i tor 1) Has the site been in existence and/or operation for the full five year compliance period? YES 2) Has thEre been a {known} change in ownership/operator of the site during the compliance period? NC) om onents 'media forth Are Listed in 5 - A. Final Orders, court judgments, and consent decrees: 1 EfFECtive Date: 12115/2012 Classification: Modal-ate ADMINORDER 2012-0304-AIR-E (1660 Order-Agreed Order With Denial) Citation: 30 TAC ChaptEr 101, SubChapter A 101.20(2) 30 TAC Chapter 113, SubChapter 113.100 30 TAC Chapter 116, SubChapter 116.1150?) 40 CFR Chapter 61, SubChapter C, PT 61, A 40 CFR Chapter 63, SubChapter C, PT 63, A 63.60?) 2 3 4 5C THSC Chapter 382 382.085(b) qut Prov: SC No. 1 PERMIT EC No. 3 PERMIT SC No. 4 PERMIT Description: Failed to prevent unauthorized emiSSiOns. Effective Date: 04/19/2014 ADMINORDER 2013-1609-AIR-E [1660 Order-AgrEEd Order With Denial) Classification: Major Citation: 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChaptEr 30 TAC Chapter 116, SubChapter 5C THSC Chapter 382 382.085(b) qut Prov: 76305?General Condition (GC) No. 8 PA 76305w5pecial Condition (SC) No. 1 PA PSD-TX-1058 EC No. 8 PERMIT PSD-TX-1058 SC No. 1 PERMIT Description: Failure to prevent unauthorized emissions to the atmosphere during an emissions event which occurred on June 4, 2011, during STEERS Incident No. 155270. Classification: Moderate Citation: 30 TAC Chapter 101, SubChapter A 101.20(2) 40 CFR Chapter 61, SubChapter C, PT 61, 61.65(a) 5C THSC Chapter 382 382.085tb) qut Prov: 76305 - SC No. 3 PA PSD-TX-IDSB PERMIT Description: Failed to submit a 40 CFR Part 61, Subpari: report within 10 days of any relief valve discharge. Specificiallv, the report was due June 14, 2011 but was not submitted until July 24, 2013. Effective Date: 05/23/2015 ADMINORDER 2014-1394-AIR-E (Findings Order?Agreed Order Without Denial) Classification: Moderate Citation: 30 TAC Chapter 101, SubChapter A 1012MB) 30 TAC Chapter 116, SubChapter a 116.115(b} 30 TAC Chapter 116, SubChapter 30 TAC Chapter 122, SubChapter 122.143(4) SC THSC Chapter 382 382.085(b) Prov: GTCs, STCs No. 17 DP SC No. 1 PERMIT Description: Failure to prevent unauthorized emissions to the atmosphere during an emissions event which occurred on January 7, 2014, STEERS Incident No. 192659). Classi?cation: Moderate Citation: 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 116.115(c} 30 TAC Chapter 122, SubChapter 122.143(4) 5c THSC Chapter 332 33203503) qut Prov: [sop 0-01954'] 5m 15 or- Permit SC 1 PA Description: Failure to prevent unauthOrized emissions to the atmosphere during an emissions event on August 26, 2014 for Incident No. 202783. Effective Date: 04/13/2017 ADMINORDER (Findings Order-AgrEed Order Without Denial) Classification: Moderate Citation: 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 115, SubChaptEr 116.115(c) 30 TAC Chapter 122, SubChapter a 122.143(4) 5C THSC Chapter 382 382.085{b) qut Prov: General Terms and Conditions OP Special Condition No 1 PERMIT Special Terms and Conditions No 12 DP Description: Failure to prevent unauthorized emissions to the atmosphere during an emissions event that was discovered on September 08, 2014, Incident No. 203344. Specifically, Formosa Point Cemfort Plant released unauthorized emissions in the amount of 93,797.066 pounds (lbs) of total Carbon Monoxide (CO), 17.476832 Nitrogen Oxides and 77,082.326 of Volatile Organic Compounds (VOCs) from the Oleflns I elevated flare (EPN 1018). The event lasted 61 hours and 26 minutes. See addendum for Information regarding federal actions. B. Criminal convictions: I'll/A 0. Chronic excessive emisslons events: NIA D. The approval dates of investigations (CCEDS Inv. Track. Item 1 Item 2 Item 3 Item 4 Item 5 Item 6 Item 7 Item 8 Item 9 Item 10 Item 11 Item 12 Item 13 Item 14 Item 15 Item 16 Item 17 Item 18 Item 19 Item 20 Item 21 Item 22 Item 23 Item 24 Item 25 Item 26 Item 27 Item 28 Item 29 Item 30 Item 31 Item 32 Item 33 Item 34 Item 35 Item 36 Item 37 Item 38 Item 39 Item 40 Item 41 Item 42 Item 43 Item 44 Item 45 Item 46 47 Item 48 Item 49 Item 50 Item 51 Item 52 May 15,2012 May 21, 2012 May 29, 2012 June 06, 2012 June 19, 2012 July 11, 2012 July 16, 2012 July 2012 July 19, 2012 July 24, 2012 July 25, 2012 August 14, 2012 August 31, 2012 September 05, 2012 September 07, 2012 September 17, 2012 September 26, 2012 October 03, 2012 October 04, 2012 October 09, 2012 October 17, 2012 Noyember 01, 2012 November 07, 2012 November 15, 2012 November 16, 2012 December 04, 2012 December 17, 2012 December 18, 2012 January 08, 2013 January 10, 2013 January 18, 2013 January 23, 2013 January 29, 2013 February 20, 2013 February 28, 2013 March 18, 2013 March 19, 2013 March 26, 2013 April 08, 2013 April 30, 2013 May 16, 2013 May 20,2013 June 20, 2013 July 18, 2013 July 24, 2013 August 16, 2013 August 20, 2013 September 19, 2013 October 08, 2013 October 09, 2013 October 18, 2013 November 20, 2013 (1017575) (1007512) (1007432) (1009195) (1025374) (1015932) (1019513) (1020550) (1032714) (1021057) (1021212) (1023954) (1029127) (1030112) (1030373) (1045094) (1035145) (1036121) (1035379) (1035010) (1035253) (1042199) (1043090) (1043172) (1044503) (1045943) (1051220) (1051540) (1052534) (1052554) (1051491) (1050922) (1055115) (1051490) (1050409) (1075155) (1090532) (1075734) (1073155) (1055553) (1055445) (1107547) (1111479) (1115351) (1103494) (1114119) (1126171) (1130725) (1122571) (1123071) (1135459) (1141573) Item 53 Item 54 Item 55 Item 56 Item 57 Item 58 Item 59 Item 60 Item 61 Item 62 Item 63 Item 64 Item 65 Item 66 Item 67 Item 68 Item 69 Item 70 Item 71 Item 72 Item 73 Item 74 Item 75 Item 7'6 Item 77 Item 78 Item 79 Item 80 Item 81 Item 82 Item 83 Item 84 Item 85 Item 86 Item 87 Item 88 Item 89 Item 90 Item 91 Item 92 Item 93 Item 94 Item 95 Item 96 Item 9? Item 98 Item 99 Item 100 Item 101 Item 102 Item 103 Item 104 January 07, 2014 January 17, 2014 February 19, 2014 March 20, 2014 Aprll 17, 2014 May 12, 2014 May 22, 2014 June 18, 2014 June 20, 2014 August 19, 2014 August28,2014 November 20, 2014 December 17, 2014 January 02, 2015 January 20, 2015 February 20, 2015 March 20, 2015 Apnl14,2015 April 20, 2015 May 20, 2015 June 19, 2015 July 01, 2015 August 11, 2015 August 18, 2015 August 20, 2015 August 21, 2015 August 31, 2015 September 18, 2015 October 20, 2015 October 26, 2015 November 18, 2015 December 18, 2015 January 20, 2016 February 18, 2016 February 19, 2016 March 16, 2016 March 13, 2016 Apn 19,2016 May 20, 2016 June 14, 2016 June 20, 2016 July 20, 2016 August 19, 2016 August 26, 2016 September 14, 2016 September 20, 2016 September 22, 2016 October 20, 2016 November 18, 2016 December 02, 2016 December 09, 2016 January 03, 2017 (1133745) (1154405) (1161734) (1168358) (1175522) (1165018) (1170501) (1152390) (1177455) (1200372) (1155547) (1197147) (1225427) (1215232) (1232364) (1243440) (1249506) (1229221) (1256655) (1263443) (1247109) (1260885) (1268542) (1272513) (1284283) (1273726) (1274914) (1291433) (1297613) (1282800) (1303054) (1310041) (1316508) (1307052) (1326163) (1314251) (1332926) (1340059) (1346577) (1337771) (1353308) (1360272) (1366715) (1338768) (1355330) (1373413) (1356437) (1379559) (1355535) (1363501) (1362459) (1351671) Item 105 Item 106 Item 107 Item 103 Item 109 Written notices of violations (NOV) (CCEDS Inv. Track. January 20. 2017 (1398288) Item 110 April 11, 2017 (1396497) February 27, 2017 {1395749) Item 111 April 14, 2017 (1396534) February 28, 2017 (1395630) Item 112 April 20, 2017 (1418765) March 06, 2017 (1394886) Item 113 May 01, 2017 (1409476) March 20, 2017 (1412266) A notice of violation represents a written allegation of a violation of a specific regulatory recluirement from the commission to a regulated entity. A notice of violation is not a final enforcement action, nor proof that a violation has actually occurred. Date: 05/27/2016 (1329126) Self Report? NO Classification: Citation: 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 116.115Cc) 30 TAC Chapter 122, SubChapter 122.143(4) 5c Chapter 332 38208503PERMIT Failure to cenduct monitoring for VOC (volatile organic compounds) associated with the EDC (ethylene dichloride) Plant cooling tower water. Specifically, the Formosa Point Comfort Plant failed to conduct the requisite monitoring for June 2015. Moderate Description: Date: 06/24/2016 (1330047) Self Report? NO Classification: Minor Citation: 30 TAC Chapter 122, SubChapter 5C THSC Chapter 382 332138503) FOP 03409 GTC 0P Failure to repert all intances of deviations, the probable cause of the deviations, and any corrective actions or preventative measures taken for each emission unit addressed in the permit. Date: 07/28/2016 (1283004) Self Report? NO Classification: Citation: 30 TAC Chapter 101, SubChapter A 101.200) 30 TAC Chapter 116, SubChapter 8 11811502) 30 TAC Chapter 122, SubChapter 8 122.143(4) 5C THSC Chapter 382 38208503) FOP 04957 STC (10) DP NSR 19201 81 SC (21) (B) PERMIT Failure to drain remaining liquids into a closed vessel during maintenance, startup, and shutdown activities. Self Report? NO Citation: Moderate Classification: Moderate 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122, SubChapter El 12214304) 5C THSC Chapter 382 382.085Cb) FOP 0-195? STC (10) 0F NSR 19201 81 P50121232 SC (1) PERMIT Failure to prevent unauthorized emissions to the atmosphere during a non-reportable emission event that occurred on April 23, 2015. Self Report? N0 Classification: Moderate Citation: 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122, SubChapter 122.143(4) 40 CFR Chapter 63, SubChapter C, PT 63, 63.2535 5C THSC ChaptEr 382 382.085Cb) FOP 01957 (STC) (10) OP NSR 19201 6. (SC) (11) (D) PERMIT Description: Failure to conduct an annual floating roof seal inspection. Self Report? NO Classification: Citation: 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 116.115(c} 30 TAC Chapter 122, SuhChapter 8 12214304) 40 CFR Chapter 63, SubChapter C, PT 63, 63.2535 5C THSC Chapter 382 382.085(b) FOP 01957 (STC) (10) OP NSR 19201 i1 P50111132 (SC) (11) (D) PERMIT Description: Failure to conduct an annual floating roof seal inspection. Self Report? NO Classification: Citation: 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 8 116.115(c) Description: Moderate Moderate Desoription: Self Report? Citation: Description: Self Report? Citation: Description: Self Report? Citation: Description: Self Report? Citation: Description: 30 TAC ChaptEr 122, SubChapter 122.143(4) 40 CFR Chapter 63, SubChapter C, PT 63, 63.2535 5C THSC Chapter 382 33103503) FOP 01957 (STE) (10) DP NSR 19201 81 (SC) (11) (D) PERMIT Failure to conduct an annual floating roof seal inspection. NO Classification: Moderate 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 6 11611502) 30 TAC Chapter 122, SubChapter 6 12214301) 40 CFR Chapter 63, SubChapter C, PT 63, 63.2535 5C THSC Chapter 382 382.085(b) FOP 01957 (STC) (10) DP NSR 19201 (SC) (11) (D) PERMIT Failure to conduct an annual floating roof seal inspection. NO Classification: Moderate 30 TAC Chapter 101, SubChapter A 101.20(3) so TAC Chapter 116, SubChapter 11511502) 30 TAC Chapter 122, SubChapter 1221-4304) 40 CFR Chapter 63, SuhChapter C, PT 63, 63.2535 5C THSC Chapter 332 362.085(b) FOP 01957 (ere) (10) or NSR 19201 31 (SC) (11) (D) PERMIT Failure to conduct an annual floating roof seal inspection. NO Classification: Moderate 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 116.115(c) so TAC Chapter 122, SubChapter 122.143(4) 40 CFR Chapter 63, SUbChapter C, PT 63, 63.2535 SC THSC Chapter 382 33206503) FOP 01957 (STC) (10) DP NSR 19201 (SC) (11) (D) PERMIT Failure to conduct an annual floating roof seal inspection. NO Classification: Moderate 30 TAC Chapter 101, SubChapter A 101.20l3) 30 TAC Chapter 1 16, SubChapter 116.1 15(c) 30 TAC Chapter 122, SubChapter 122.143(4) 40 CFR Chapter 63, SubChapter C, PT 63, 63,2535 5C THSC Chapter 382 382.085(b) FOP 01957 (STC) (10) DP NSR 19201 81 (SC) (3) PERMIT Failure to conduct a 10 year and an annual floating roof seal Inspection. Date: 03/05/2015 (1349122) Self Report? Citation: Description: Self Report? Citation: NO Classification: Moderate 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122, SubChapter 122.143(4) 5C THSC Chapter 332 38203503PERMIT Failure to comply with permit limitations regarding the six minute, average firebox chamber temperature for the Regenerative Thermal Oxidizer. NO Classification: Moderate 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 30 TAC Chapter 122, SubChapter 122.143(4) 5C THSC Chapter 332 382.085(PERMIT Failure to comply with permit limitations regarding the hourly average exhaust oxygen concentration for the Regenerative Thermal Dxidlzer. Date: 03/19/2016 (1351348) Self Report? Citation: DeSCription: Self Report? Citation: N0 Classification: Moderate 30 TAC Chapter 122, SubChapter 122.14.3(4) 30 TAC Chapter 122, SubChapter i3 122.145(2) SC THSC Chapter 382 33206503) General Terms and Conditions 0P Failure to report all instances of deviations as required. NO Classification: Moderate 30 TAC Chapter 101, SubChapter A 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 111, SubChapter A 30 TAC Chapter 116, SubChapter 11611503) 40 CFR Chapter 60, SubChapter C, PT 60, A 5C THSC Chapter 382 382.035(PERMIT Description: Failure to comply with regulatory requirements for visible emissions from flares. Self Report? ND Classification: Moderate Citation: 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC ChaptEr 116, SubChapter 5C THSC Chapter 332 382.085fb) SC No. 14 DP SC No. 26A PERMIT Description: Failure to Submit a certification test report within 30 days of completion of the monitor certification test. Self Report? NO Classification: Moderate Citation: 30 TAC Chapter 101, SubChapter A 101.20f3) 30 TAC Chapter 116, SubChapter 116.115(c) 5C THSC Chapter 362 382.085(PERMIT Description: Failure to maintain carbon monoxide (CO) emissions within permitted limits. Date: 06/30/2016 (1357100) Self Report? ND Classification: Minor Citation: 30 TAC ChaptEr 101, SubChapter A 101.206) 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122, SubChapter 122.143f4) 5C THSC Chapter 382 382.085(b) SC No. 14 PERMIT STC No. 11 OF Description: Failure to conduct weekly VOC (volatile organic compound) sampling of polymer production. Date: 10/24/2015 (1353247) Self Report? N0 - Classification: Minor Citation: 30 TAC Chapter 305, SubChapter 305.1250) 30 TAC Chapter 319, SubChapter A 319.11(c) Monitoring and Reporting; Pg. 4 PERMIT Description: Failed to properly analyze effluent samples. Date: 12/15/2016 (1376068) Self Report? NO Classification: Moderate Citation: 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 116.115(c) 5c Chapter 332 382.085(b) FOP OF HER PERMIT PSD PERMIT DesCription: Failure to comply with special conditions of NSR Permit No. 19198. Specifically, on eleven instances from April 25, 2015 through October 7, 2015, Thermal Oxidizer (EPN RT0221) did not meet the minimum temperature requirements as per deviation item nos. 13 through 24. Date: 12/16/2016 (1370809) Self Report? YES Classification: Minor Citation: 30 TAC Chapter 122, SubChapter El- 12214304) 30 TAC Chapter 122, SubChaptEr 122.145(2) 5C THSC Chapter 362 362.085(b) FOP 0P Description: Failure to report all instances of deviations as required. Specifically on February 25, 2016, Formosa Point Comfort Plant submitted a deviation report, for compliance period July 27, 2015 to January 26, 2016, that did not list all instances of deviation. Self Report? YES Classification: Moderate Citation: 30 TAC Chapter 101, SubChapter A 101.20 30 TAC Chapter 111, SubChapter A 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122, SubChapter 12214364) 40 CFR Chapter 63, SubChapter C, PT 63, A 10 11 12 13 5C THSC 332 33108503) FOP DP NSR PERMIT Permit PERMIT Description: Failure to comply with regulatory requirements for visible emissions from flares. Specifically, on May 21, 2016, Formosa Point Comfort Plant experienced a smoking flare for longer than 5 minutes from the Oiefins 1 Flare (EPN 1018). Self Repert? YES Classification: Moderate Citation: 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122, SubChapter 3 12114391) 5C THSC Chapter 382 382.085Cb) FOP DP NSF. PERMIT Permit PERMIT Desoription: Failure to comply with special conditions of NSR Permit No. 19168. Specifically, on October 14, 2015 through April 4, 2016, vapor combustor (EPN 1051) did not meet the minimum temperature requirements. Self Report? YES Classification: Moderate Citation: 30 TAC Chapter 101, SubChapter A 101.208} 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122, SubChapter 8 12214304) 512 THSC Chapter 382 382.085{b) FOP OP NSR PERMIT Permit PERMIT Deacription: Failure to maintain pilot flame on Olefins 2 flare (EPN 1067). Specifically on November 7, 2015 and December 7, 2015, an elevated steam flow resulted in the pilot flame to extinguish. Date: (13835?4) Self Report? N0 Classification: Minor Citation: 30 TAC ChaptEr 122, SubChapter 122.143(4) 30 TAC Chapter 122, SubChapter 122.145(2) 5C THSC Chapter 382 382.085Cb) FOP OP Description: Failure to report all instances of deviation as reguired. Specifically, on March 15, 2017, Formosa Point Comert Plant submitted a deviation report, for compliance period August 15, 2015 to February 14, 2016, which did not list all instances of deviation. Date: 01131/2017 (1405132) Self Repert? YES Classification: Moderate Citation: 20 TWC Chapter 26, SubChapter A 26.121(a) 30 TAC Chapter 305, SubChapter 305.125{1) Deacription: Failure to meet the limit for one or more permit parameter Date: 04/18/2017 (1403182) Self Report? ND Classification: Moderate Citation: 30 TAC Chapter 101, SubChapter A 101.208) 30 TAC Chapter 116, SubChaptEr 30 TAC Chapter 116, SubChapter 116.115(c) 5C THSC Chapter 382 3820850)) NSR PERMIT PSD PERMIT Failure to prevent unauthorized emissions to the atmosphere during an emissions event that was discovered on November 11, 2016, TCEQ/Steers Incident No. 246882. Specifically, Formosa Plastics Corporation Texas released unauthorized emissions in the amount of 98 of vinyl chloride monomer (VCM) from Emissions Point Number (EPN) 007-1. The event lasted for 4 minutes. Permit No. 7699's 1.79 Ibfhr limit for EPN 007-1(as noted on the MAERT) was exceeded. The unauthorized release was the result of Date: 05/11/2017 (1403365) Self Report? YES Ciassificatlon: Moderate Citation: 30 TAC Chapter 116, SubChapter 30 TAC Chapter 116, SubChapter 116.115(c) 5C THSC Chapter 362 382.085Cb) NSR PERMIT Description: Failure to prevent unauthorized emissions to the atmosphere during an emissions event that was discovered on October 5, 2016, Incident No. 245104. Specifically, Formosa Plastics Corporation Texas released unauthorized emissions in the amount of 12.26 of Chlorine from Emissions Point Number (EPN) 2FUG. The event lasted for 10 minutes. Permit No. 19167'5 0.44 lb/hr limit for EPN 2FUG (as noted on the MAERT) was exceeded. The unauthorized release was the result of poor operation and F. Environmental audits: Notice of Intent Date: 11/09/2015 (1294009) Disclosure Date: 05/31/2016 Viol. Classification: Moderate Citation: 30 TAC Chapter 305, SubChapter 305.125(1) Prov: PERMIT Part Description: Failed to post a Construction Site Notice regarding storm water management at the construction site Entrance. Viol. Classification: Minor Citation: 30 TAC Chapter 305, SubChapter 305.1250) qut Prov: PERMIT Part Description: Failed to ensure inspection forms in the are signed for the Oleflns 111 Construction Project. Viol. Classification: Minor Citation: 30 TAC Chapter 305, SubChapter 305.1250.) Rqr?nt Prov: PERMIT Part Description: Failed to Include a copy of the Construction General Permit in the Viol. Classification: Moderate Citation: 30 TAC Chapter 305, SubChaptEr 305.1250) Romt Prov: PERMIT W00002436000, Receiving Water Mon., Page Description: Failed to submit to the TCEQ the Scope of Work that includes specific technical details of the receiving water monitoring program for the 2005 permit within 30 days of the effective date of the permit for TCEQ approval. Additionally it was not provided to the Texas Department of Health, Texas Parks and Wildlife Department, other parties to the evidentiary hearing, and the local library for local citizens to view. Viol. Classification: Moderate Citation: 30 TAC Chapter 319, SubChapter A 319.11Cc) Description: Failed to analyze effluents according to test methods specified in 40 CFR Part 135. Specifically, Formosa failed to run a standard at the reporting limit to verify that it is able to quantify at that level for each of the five permit metals. Viol. Classification: Moderate Citation: 30 TAC Chapter 116, SubChapter 116.115(c) qut Prov: PERMIT NSR Permit No. 7699, SC 31 Description: Failed to revalldate M55 emissions from the Maintenance Department on an annual basis. Viol. Classification: Moderate Citation: 30 TAC Chapter 116, SubChapter 116.115(c) Romt Prov: PERMIT NSR Permit 19168, BC 3.0. Description: Failed to track the average hourly values by taking readings at least once every 15 minutes and taking the average hourly value. Viol. Classification: Minor Citation: 40 CFR Chapter 63, SubChapter C, PT 63, 2222 63.6640 40 CFR Chapter 53, SubChapter C, PT 63, 63.6640(a) Description: Failed to maintain and provide annual maintenance records of the one dieselv?red emergency generator engine in the Cliefins II plant for 2014. Viol. Classification: Moderate Citation: 30 TAC Chapter 116, SubChapter 116.115fc) qut Prov: PERMIT NSR Permit 19168, SC 29 Description: Failed to maintain a rolling two-year period of records for the hours of operation and mode of each furnace or heater during startup, shutdown, decoking, or standby mode of operation. viol. Classification: Moderate Citation: 30 TAC Chapter 116, SubChapter 116.115(c) qut Prov: PERMIT NSR Permit No. 91?80, 5C 1 Description: Failed to limit annual emissions to the limits established in the permit. Annual emissions inventory for 2012 indicated that the annual emissions to the Dleflns Flares (EPN 1018f1067) were 7.6442 tonsfyear. Viol. Classification: Moderate Citation: 30 TAC Chapter 116, SubChapter 116.115ic) qut Prov: PERMIT NSR Permit 91730, SC 1 PERMIT NSR Permit 91TBU, SC 4.0. Description: Failed repair leaks in the PP II facility when visible emissions were noted In the daily inspection log on at least three occasions. Viol. Classification: Moderate Citation: 30 TAC Chapter 116, SubChapter 116.115(c) qut Prov: PERMIT NSR Permit 91780, BC 4.C. Description: Failed to conduct the required annual preventative maintenance on the baghouses and filters for 2013 and 2014 (2015 inspections were conducted and the maintenance schedule revised to include annual inspections). Vlol.Classification: Minor Citation: 30 TAC Chapter 116, SubChapter 116.115(c) qut Prov: PERMIT NSR Permit 91750, 5C 5F. Description: Failed to calculate average hourly values for the vent stream flow rate to the Olefins flare (the unit is reCOrding flow readings every 15 minutes, but not using these to determine hourly flow rates). Vlol.Classification: Moderate Citation: 30 TAC Chapter 116, SubChapter 115.115(c) qut Prov: Permit 91730, 5C 3 Description: Failed to calculate the rolling 12?month average of the VOC emitted to the atmosphere after the extruder in order to demonstrate compliance with the permit limit of 90 VDC per million of polypropylene product. Vlol.Classification: Minor Citation: 30 TAC Chapter 122, SubChapter 122.143(4) 30 TAC Chapter 122. SubChapter so TAC Chapter 122, SubChapter 122.145r2xe) Romt Prov: DP 015151, General Terms and Conditions Description: Failed to submit an accurate semi-annual deviation report for 50F 01951. Specifically, the cover letter was misdated March 14, 2013 and the body of the letter misstated the monitoring period as August 2012 to February 2013. The completed deviation forms correctly indicated a report data of March 14, 2014 and a monitoring period of August 2013 to February 2014. Vlol.Classification: Minor Citation: 30 TAC Chapter 115, SubChapter a Description: Failed to maintain records of emissions for EPNs X20201 and XZ-WSOI readily available for review and emission records for EPN CWTP were only available for 2014 (Formosa staff stated that they had the data, It just was not readily available for review). Vlol.Classification: Moderate Citation: 30 TAC Chapter 115, SubChapter 116.115(c) qut Prov: PERMIT NSR Permit 19166, SE 1 Description: Failed to comply with hourly M55 NOX lbs/hr emission limits at Utilities Boiler 7] In January and February 2015 during a scheduled maintenance event. The emissions in January were 104.55 lbs/hr and in February 82.92 lbs/hr, 41.90 lbs/hr, and 90.1? Viol. Classification: Moderate Citation: 30 TAC Chapter 115, SubChapter E5 115.112 Description: Failed to Include the VOC control requirements related to the condensate tanks in the Fl-lC Title Operating Permit. Viol. Classification: Moderate Citation: 30 TAC Chapter 101, SubChapter A 101.1002!) Description: Failed to caICUlate emissions resulting from the use of natural gas as a pilot gas for Flare 1 in 2013 and 2014. Viol. Classification: Moderate Citation: 30 TAC Chapter 101, SubChapter A 101.2403) Description: Failed to submit the 2015 TCEQ Annual Fee Basis form to determine applicable air quality fees for the facility. Viol. Classification: Moderate Citation: 30 TAC Chapter 106, SubChapter 106.359{b) 30 TAC Chapter 106, SubChapter A 106.4 30 TAC Chapter 106, SubChapter A 106.5(c) Description: Failed to maintain documentation to demonstrate compliance with claimed PER 30 TAC 5 105.359. Vlol.Classification: Moderate Citation: 30 TAC Chapter 115, SubChapter 115.12]. 5C THSC Chapter 382 352.035(b) Description: Failed to include the requirements related to process vents to the flares In the Title permit. Viol. Classification: Moderate Citation: 40 CFR Chapter 60, SubChapter C, PT 60, A 60.18 Description: Failed to maintain documentation to demonstrate compliance with 40 CFR 50.18 for EPNs Flare 1 and Flare 2 (Incorrect flare tip diameters were being used In flare calculations to demonstrate compliance). Viol. Classification: Minor Citation: 30 TAC Chapter 122, SubChapter a 122.145(2) Description: Failed to reference the correct regulatory citation on the deviation report for plant upsets (instead of 30 TAC 101.20, it was referencing either 116.110(a) or the Standard Permit). G. Type of environmental management systems (EMSs): H. Voluntary on-site compliance assessment dates: 1. Participation in a voluntary pollution reduction program: NIA J. Early compliance: Sites Outside of Texas: Addendum to Compliance History Federal Enforcement Actions Reg Entity Name: FOHMOSA PLASTICS CORP TEXAS Reg Entity Add: 201 FORMDSA DFIIVE REE Entity City: POINT COMFORT Reg Entity Na: EPA Case No: 06-2012?0933 Order Issue Date 20120513 Case Result: Final Ordet No Penalty Statute: HERA Sect oj'Statute: 3003A Ciasb'l?ca??m Moderate Pragram: RCHA Corrective Action Citation: Type: Cite Sect: Cite Part: ACtitm: Administrative Comptianca Orders Reg Entity FOHMOSA PLASTICS CORP-POINT COMF Reg Entity Add: 201 FORMOSA DFIIVE Reg Entity City: POINT COMFORT Reg Entity No: RN100213973 EPA Case No: 06-2005-3410 Order Issue Date 30130313 Case Result: Final Order Penalty Statute: 0AA Sect afStetute: 111 Moderate Program: Gan Hazardous Waste Citatt'mt.? Type: Cnnlalner Requirements cm). Cite Pa?: Ettibt?cement Adieu: Consent Decree or Caurt Order Resolving a Wednesday, h-Iay 7, 20}? Page I (if I Component Appendices 1 Appendix A All ?(his Issued During Component Period 5/17/2012 and Date: (1007651) ClaSSification: Minor Self Report? NO For Informational Purposes Only Citation: No. GTC OP 30 TAC Chapter 122, SuoChapter 122.143(4) 30 TAC Chapter 122, SubChapter 5C THSC Chapter 382 302.085(b) DesCription: Failure to report all instances of deviations. Speci?cally, as documented In the revised first semiannual deviation report, revised DR1 dated May 17, 2012, for the reporting period of April 21, 2011 through October 20, 2011, Deviation Item No. 17, Formosa failed to report in the original 0R1 dated November 19, 2011 a deviation that occurred on June 29, 2011. Date: 07/032012 (1001986) Classification: Moderate sett Report? NO For Informational Purposes Only Citation: 30 TAC Chapter 305, SubChapter 305.125(1) Eff. Limit. and Mon. Reg. Outfall 001 PERMIT Description: Failed to meet the permit limit for Daily Average loading for Total Copper at Outfall 001 in February, 2011. Classification: Moderate Self Report? NO For Informational Purposes Only Citation: 30 TAC Chapter 319, SubChapter A 319.7(a) 30 TAC Chapter 319, SubChapter A 319.7(c) Mon. and Rep. Rep. 2. PERMIT Description: Failed to calibrate the ln-Iine pH meters according to 30 TAC 319.9. Classification: Minor Self Report? NO For Informational Purposes Only Citation: 30 TAC Chapter 319, SubChapter A 319.1103) Mon. and Rep. Reg. 2 PERMIT Description: Failed to utilize the proper reagent in the analysis of Total Residual Chlorine and to compensate for the effects of oxidized manganese. Date: 07f31f2012 (1065833) Classification: Moderate Self Report? res For Informational Pu rposes Only Citation: 2D TWC Chapter 26, SubChapter A 26.121ia) 30 TAC Chapter 305, SubChapter 305.125(1) Description: Failure to meet the limit for one or more permit parameter Date: 08/22/2012 (1028053) Classi?cation: Moderate Self Report? no For Informational Purposes Only Citation: 30 TAC Chapter 122, SuoChapter 12214304) 30 TAC Chapter 122, SubChapter SC THSC Chapter 382 38208503) General Terms and Conditions OP Description: Failure to report all instances of deviations. Specifically, Formosa Plastic Corporation, Texas failed to report a deviation regarding a non-reportable emissions event that occurred on December 23, 2010 on the July 27, 2010 through January 25, 2011 deviation report. Date: 03/31/2013 (1096333) Classification: Moderate Self Report? Yes For Informational Purposes Only Citation: 2D TWC Chapter 26, SubChapter A 26.121(a} 30 TAC Chapter 305, SubChapter 305.1250) Description: Failure to meet the limit for One or more permit parameter Date: 05/03/2013 (1005343) Classification: Moderate 10 11 Self Report? NO For Informational Purposes Only Citation: 20 TWC Chapter 26, SubChapter A 30 TAC Chapter 305, SubChapter Effluent Limitations-1.; Pg. 2f PERMIT Description: Failed to ensure the discharge of only non-process area storm water, hydrostatic test water, fire water, non-contact steam condensate, and non?contact wash water through Dutfall 005. . Classification: Moderate Self Report? no For Informational Purposes Only Citation: 30 TAC Chapter 305, SubChapter 305.125(1) Effluent Limitations?1.; Pg. 2f PERMIT Description: Failed to comply with the permitted effluent limitations for Total Organic Carbon (TOE). Classification: Moderate Self Report? no Informational PU FDOSES Only Citation: 30 TAC Chapter 305, SuoChapter Permit Conditions: Pg. 3 PERMIT Reporting Requirements; 2, Pg. 4~5 PERMIT Description: Failed to acmrately accomplish In a representative manner measurements, tests and calculations. Date: 08/13/2013 [1105313) Classification: Minor oer Report? NO For Informational Purposes Only Citation: 30 TAC ChaptEr 122, SubChapter 1221-4304) 30 TAC Chapter 122, SubChapter SC THSC Chapter 382 38208503) General Terms and Cendltions OP Description: Failure to report, in Writing, to the executive director all instances of deviations, the probable cause of the deviations, and any corrective actions pr preventative measures taken for each emission unit addressed in the permit. Date: 11130/2013 (1148333) Classification: Moderate self Report? Yes For Informational Purposes Only Citation: 20 TWC Chapter 26, SuoChapter A 26.121Ca) 30 TAC Chapter 305, SubChapter 305.1250) Description: FaiIUre to meet the limit for one or more permit parameter Date: 0450/2014 (1181216) Classification: Moderate Self Report? Yes For Informational Purposes Only Citation: 2D TWC Chapter 26, SubChapter A 26.12103) 30 TAC Chapter 305, SUbChapter 305.125(1) Description: Failure to meet the limit for one or more permit parameter Date: DSXB 1(2014 (1133612) Classification: Moderate Self Report? YES Informational Purposes Only Citation: 20 TWC Chapter 26, SubChapter A 26.121(a) 30 TAC Chapter 305, SubChapter 305.1250) Description: FaiIUre to meet the limit for one or more permit parameter Date: 06,106!2014 (1170249) Cla ssification: Moderate Self Report? NO For Informational Purposes Only Citation: No. (Ii-03409] STC 3 OP [Prnt GC 8 8i SC 1 PERMIT 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 115, SubChapter 30 TAC Chapter 115, SubChapter 116.115fc) 30 TAC Chapter 122, SubChapter 122.143(4) 5C THSC Chapter 382 382.085(b) Description: Failure to comply with permit emissions limitations. Specifically, on October 24, 12 13 14 2013, during stack testing of Train 2 Dryer (Unit ID: BD-BU4) the CD emissions rate was 5.53 line/hr which exceeded Permit No. MAERT emissions rate of 3.33 lbs/hr of C0. In addition, on October 29, 2013, during stack testing of Train 13 Dryer (Unit ID: the PM emissions rate was 11.32 which exceeded Permit No. MAERT emissions rate of 5.04 lbs/hr of PM. Classification: Moderate Self Report? NO For Informational Purposes Only Citation: No. 0-03409] ETC a or [Pmt GC 8 Bi SC 1 PERMIT 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122, SUbChapter 122.143(4) 5C THSC Chapter 382 382.085(b) Description: Failure to Comply with permit emissions limitations. Specifically, in the second semiannual deviation report, dated February 6, 2014, for the reporting period of July 10, 2013 through January 7, 2014, Deviation Item No. on October 24, 2013, during stack testing of Train 2 Dryer (Unit ID: Bin?504) the PM 10 emissions rate was 0.09 lb/hr which exceeded Permit No. MAERT emissions rate of 0.02 lb/hr of PM10. Date: 06/30/2014 (1200371) Classification: Moderate Self Report? was For Informational Purposes Only Citation: ED TWC Chapter 26, SubChapter A 26.121(a) 30 TAC Chapter 305, SuoChapter 305.1250) Description: Failure to meet the limit for one or more permit parameter Date: (1185295) Classification: Moderate Self Report? no For Informational Purposes Only Citation: No. 901955] GTC 8i STC 14 DP [Pmt SC 29E PERMIT 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 30 TAC Chapter 122, SubChapter 122.143(4) 5C THSC Chapter 332 382.085(b) Description: Failure to equip each open-ended line (DEL) with a cap, blind flange, plug, or second valve. Specifically, on February 21, 2013, Formosa discovered one (1) OEL In VOC service. Date: 08/28/2014 (1186701) Classification: Minor Self Report? no For Informational Purposes Only Citation: 30 TAC Chapter 319, SubChapter A 319.11(a) 30 TAC Chapter 319, SubChapter A 319.110?) Monitoring and Reporting 2. PERMIT Desoription: Failed to ensure test procedures for the analysis of pollutants comply with procedures spacified in 30 TAC 319.11~319.12. Classification: Minor Self Report? NO For Informational Purposes Only Citation: 30 TAC Chapter 319, SubChapter A 319.6 30 TAC Chapter 319, SubChapter A 319.9(d) Monitoring and Reporting 1. PERMIT Description: Failed to conduct effluent sampling and reporting in accordance with 30 TAC 135 31194-31912. Classification: Moderate Self Report? NO For Informational Purposes Only Citation: 30 TAC Chapter 305, SubChapter 305.1250) Effluent Limitations 2. PERMIT Description: Failed to ensure the pH at outfall 011 shall not be less than 6.0 standard units nor greater than 9.0 standard units. Classification: Moderate Self Report? no For Informational Purposes Only Citation: 30 TAC Chapter 305, SUbChapter 305.125(1) 15 16 17 13 19 Effluent Limitations 1. PERMIT Description: Failed to comply with permitted effluent limitations fOr outfall 201. Classification: Moderate so? Report? ND For Informational Purposes Only Citation: 30 TAC Chapter 305, SubChapter 305.125t1) Effluent Limitations 1. PERMIT Description: Failed to comply with permitted effluent limitations for outfall 001. CIaSsification: Moderate so? Report? NO For Informational Purposes Only Citation: 30 TAC Chapter 305, SubChapte-i? 305.125(1) Effluent Limitations and Monitoring 1. PERMIT Description: Failed to monltOr discharges llday for the duration of the flow at Outfall 011 for all effluent characteristics. Classification: Moderate Self Report? NO For Informational Pu rposes Only Citation: 30 TAC Chapter 305, SubChapter 305.1250) 30 TAC Chapter 305, SubChapter 305.1256) Operational Requirements 1. PERMIT Description: Failed to all times ensure that the facility and all of its Systems of collection, treatment, and disposal are properly operated and maintained. Date: 08(31/2014 (1206975) Classification: Moderate Self RepOrt'r' was For Informational Purposes Only Citation: 2D TWC Chapter 26, SubChapter A 26.121(a) 30 TAC Chapter 305, SubChapter 305.125(1) Description: Failure to meet the limit for one or more permit parameter Date: 09/30f2014 (1.213385) Classification: Moderate SelfRepOFt? res For Informational Purposes Only Citation: 2D TWC Chapter 26, SubChapter A 26.121(a) 30 TAC Chapter 305, SubChapter 305.1250) Destription: Failure to meet the limit for one or more permit parameter Date: 10/31/2014 (1219640) Classification: Moderate so? Report? res For Informational Purposes Only Citation: 2D TWC Chapter 26, SubChapter A 26.121la) 30 TAC Chapter 305, SubChapter 305.1250) Description: Failure to meet the limit for one or mere permit parameter Date: 04f06/2015 (1239944) Classification: Minor so? Report? no For Informational Purposes Only Citation: 30 TAC Chapter 115, SubChapter 116.115tc) 30 TAC Chapter 122, SuhChapter 3 12114304) 40 CFR Chapter 60, SubChapter C, PT 60, A 5C THSC Chapter 382 382.085(b) Special Conditions PERMIT Special Terms 31 Conditions No. 4E OP DescriptiOn: Failure to submit Compliance Test Report by the required due date. Date: 04/ 1 5.12015 (1230009) Classification: Moderate oer Report? NO For Informational Purposes Only Citation: 8i. 5C1 PA 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 116.115ch 5C THSC Chapter 382 382.085(b) Description: Failure to prevent unauthorized emissions to the atmosphere during an emission event, Incident No. 208513, that occurred on January 13, 2015. Specifically, Formosa Point Comfort Plant released 616.95 of 1,3-Butadiene, 647.95 of Benzene, 103.36 of Acetylene, 10,889.20 of Carbon Monoxide, 1,430.63 2O 21 22 23 24 of Nitrogen Monoxide, 502.24 of Xylene and 12,694.13 of various regulated air contaminants from Emission Point Number (EPN) 106?. The event lasted for 12 hours 4 minutes and we Date: 06/26/2015 (1247455) Classification: Moderate aar Report? no For Informational Pu rposes Only Citation: 30 TAC Chapter 101, SubChapter A 101.206) 30 TAC Chapter 116, SubChapter 116.115(c) SC THSC Chapter 382 382.035(b) SC No. 1 PERMIT Desoription: Failure to prevent unauthorized emissions to the atmoSphere during an emissions event that occurred on July 17, 2014, TCEQ Incident No. 201214. Specifically, FDHTIOSB Plastics Corporation, Texas released 13,142.13 pounds (lbs.) of Butene and 11,4134 lbs. of Ethylene into the atmosphere due to an avoidable event. Date: 06f30f2015 (1278093) Classification Moderate Self Report? res For Informational Purposes Only Citation: 20 TWC Chapter 26, SubChaptEr A 26.121(a) 30 TAC Chapter 305, SubChapter 305.125(1) Description: Failure to meet the limit for one Or more permit parameter Date: 07/30/2015 (1266034) Classification: Moderate Self Report? N0 For Informational Purposes Only Citation: 30 TAC Chapter 101, SubChapter A 101.208) 30 TAC Chapter 116, SubChapter 116.115fc) 30 TAC Chapter 122, SubChapter 122.1430!) 5C THSC Chapter 382 382.085(PERMIT Description: Failure to equip each open-ended valve or line with a cap, blind flange, plug, or second valve. Specifically, Formosa Plastics Corporation, Texas discovered in the Olefins Plant rive open-ended lines on September 12, 2013 and eight open-ended lines on August 1, 2013. Date: 08/11/2015 (1268724) Classification: Minor sar Report? No For Informational Purposes Only Citati0n: 30 TAC Chapter 122, SubChapter 122.143t4) 30 TAC Chapter 122, SuoChaptEF 122.145(2) 5C THSC Chapter 382 33208503) GC 0P Description: Failure to Include all instances of deviations in the six?month deviation report. Specifically, Formosa Plastics Corporation, Texas omitted one deviation for the reporting period of October 19, 2013 to April 18, 2014 and one deviation for the rtaporting period of April 19, 2014 to October 18, 2014. Classification: Minor Self Report? N0 For Informational Purposes Only Citation: 30 TAC Chapter 122, SubChapter 122.143(4) 30 TAC Chapter 122, SubChapter 5c THSC Chapter 332 asaosstb) SC 14 DP Description: Failure to submit a complete and accurate annual compliance certification. Specifically, Formosa Plastics Corporation, Texas omitted one deviation on a six-month deviation report (October 19, 2013 to April 18, 2014) associated with a prior annual compliance certification that encompassed the period of April 19, 2013 to April 18, 2014. Date: (1259389) Classification: Moderate sar Report? NO For Informational Purposes Only Citation: 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122, SubChapter 122.143(4) 5C THSC Chapter 332 382.035(b) SC 1 PERMIT 25* 26* 22"? 28" 29* 8 OP Description: Failure to prevent unauthorized emissions to the atmosphere during an emission event which occurred on October 29, 2014, TCEQ Incident No. 205879. Specifically, Formosa released 14.6372 pounds (lbs) of ethylene dichloride, 2.73820 lbs. of VCM, and 0.94070 lbs. of hydrochloric acid. The unauthorized releaSe was the result of a leak on the VC-401G inlet line. Date: 09f11/2015 (1272655) Classification: Moderate Self Report? no For Informational Purposes Only Citation: 2D TWC Chapter 26, SubChapter A 30 TAC Chapter 305, SubChapter 30512504) Permit Conditions; Pg.7 PERMIT Description: Failed to prevent the unauthorized discharge of sewage, municipal waste, recreational waste, agricultural waste, or industrial waste into or adjacent to any water in the state. Classification: Moderate eerr Report? N0 For Informational Purposes Only Citation: 30 TAC Chapter 305, SubChapter 30 TAC Chapter 305, SubChapter 305.125(9) Noncompllance Notification; Pg. 5 PERMIT Description: Failed to report any noncompliance which may endanger human health or safety, or the environment in accordance with 30 TAC 305.125 (9). Date: 05/13y?2016 (1313144) Classification: Moderate Self Report? no For Informational Purposes Only Citation: 30 TAC Chapter 305, SubChapter 305.1250) Eff. Limits and Monitoring No. 3 PERMIT Deseription: Failed to prevent the unauthorized discharge of floating solids or visible foam in other than trace amounts and no discharge of visible oil. Date: 05/27/2016 (1329126) Classification: Moderate eerr Report? NO For Informational Purposes Only Citation: 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122, SubChapter 122.14.3(4) 5C THSC Chapter 332 38208503PERMIT Description: Failure to conduct monitoring for VDC (volatile organic compounds) assoCiated with the EDC (ethylene dichloride) Plant cooling tower water. Specifically, the Formosa Point Comfort Plant failed to conduct the requisite monitoring for June 2015. Date: 06f24y?20 16 (133004?) Classification: Minor eerr Report? no For Informational Purposes Only Citation: 30 TAC Chapter 122, SubChapter 5C Chapter 382 382.005(b) FOP 03409 GTC Description: Failure to report all intances of deviations, the probable cause of the deviations, and any corrective actions or preventative measures taken for each emission unit addressed in the permit. Date: 07/ 28/2016 (1233004) Classification: Moderate Self Report? no For Informational Purposes Only Citation: 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 115, SubChapter 116.115(c) 30 TAC Chapter 122, SubChapter 12214301) 5C THSC Chapter 302 38208503) FOP 0-195? STC (10) OF NSR 19201 SC (21) (B) PERMIT Description: Failure to drain remaining liquids into a closed vessel during maintenance, Self Re port? Citation: Description: Self Report? Citation: Description: Self Report? Citation: Description: Self Report? Citation: Desoription: Self Report? Citation: Description: Self Report? Citation: Description: Self Re port? Citation: startup, and shutdown activities. Classification: oderate no For Informational Purposes Only 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SuhChapter 116.115(c) 30 TAC Chapter 122, SubChapter 8 122.143(4) 5C THSC Chapter 382 38208503) FOP 0-1957 STC (10) OF NSF. 19201 SC (1) PERMIT Failure to prevent unauthorized emissions to the atmosphere during a non?reportable emission event that occurred on April 23, 2015. Classification: Moderate NO For Informational Purposes Only 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122, SuoChapter 122.143(4) 40 CFR Chapter 63, SubChapter C, PT 63, 63.2535 5C THSC Chapter 382 382.085{b) FOP 01957 (STC) (10) DP NSR 19201 81 (SC) (11) (D) PERMIT Failure to conduct an annual floating roof seal inspection. Classification: Moderate N0 For Informational Purposes Only 30 TAC Chapter 101, SubChapter A 101.208) 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122, SubChapter 12214304) 40 CFR Chapter 63, SubChapter C, PT 63, SUDPT 63.2535 SC THSC Chapter 332 38108502) FOP 01957 (STC) (111) DP use 19201 a Psorx1232 (so) (11) PERMIT Failure to conduct an annual floating roof seal inspection. Classification: Moderate no For Informational Purposes Only 30 TAC Chapter 101, SubChapter A 101.208) 30 TAC Chapter 116, SubChaptEr El 11511502) 30 TAC Chapter 122, SubChapter 3 122.1439) 40 CPR Chapter 63, SubChapter C, PT 63, 63.2535 SC THSC Chapter 382 38208503) FOP 0195? (STC) (10) DP NSR 19201 81 (SC) (11) (D) PERMIT Failure to conduct an annual floating roof seal inspection. Classification: Moderate no For Informational Purposes Only 30 TAC Chapter 101. SuoChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122, SubChapter 122.143(4) 40 CFR Chapter 63, SubChapter C, PT 63, 63.2535 5c THSC Chapter 332 382.085(b) FOP 01957 (STC) (10) OP NSR 19201 (SC) (11) (D) PERMIT Failure to conduct an annual floating roof seal inspection. Classification: Moderate no For Informational Purposes Only 30 TAC Chapter 101, SuoChapter A 101.20(3) so TAC Chapter 116, SuDChapter a 116.115(c) 30 TAC Chapter 122, SubChapter 8 12214301) 40 CFR Chapter 63, SubChapter C, PT 63, 63.2535 5C THSC Chapter 382 382.085(b) FOP (STC) (10) OF NSR 19201 El. (SC) (11) (D) PERMIT Failure to conduct an annual floating roof seal inspection. Classification: Moderate no For Informational Purposes Only 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SuoChapter 116.115(c) 30 TAC Chapter 122, SubChapter 3 12214301) 40 CFR Chapter 63, SubChapter C, PT 63, 63.2535 5C THSC Chapter 382 382.085(b) 30"c 31* Description: Self Report? NO Citation: Description: Date: 08/05/2016 Self Report? Citation: Description: Self Report? Citation: Description: Date: 08/19/2015 Self Report? Citation: Description: Self Report? Citation: Description: Self Re port? Citation: Description: Self Report? FOP 01957 (STC) (10) OF HER 19201 (SC) (11) (D) PERMIT Failure to conduct an annual floating roof seal inspection. Classification: Moderate For Informational Purposes Only 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 116.115ic) 30 TAC Chapter 122, SuoChapter 12214304) 40 CFR Chapter 63, SubChapter C, PT 63, 63.2535 5C THSC Chapter 382 382.035fb) FOP 0195? (STC) (10) DP NSR 19201 (SC) (3) PERMIT Failure to conduct a 10 year and an annual floating roof seal Inspection. (1349122) Cla55ification: Moderate N0 For Informational Purposes Only 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122, SubChapter 122.143(4) 5C THSC Chapter 332 38208503PERMIT Failure to comply with permit limitations regarding the six minute, average firebox chamber temperature for the Regenerative Thermal Oxidizer. Classification: Moderate NO For Informational Purposes Only 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122, SubChapter 122.143(4) 5C THSC Chapter 382 38208503PERMIT Failure to comply with permit limitations regarding the hourly average exhaust oxygen concentration for the Regenerative Thermal Oxidizer. (1351348) Classification: Moderate no For Informational Purposes Only 30 TAC Chapter 122, SuoChapter 122.1430!) 30 TAC Chapter 122, SubChapter 122.145(2) SC THSC Chapter 382 382.035(b) General Terms and Conditions OP Failure to report all instances of deviations as required. Classification: Moderate Np For Informational Purposes Only 30 TAC Chapter 101, SubChapter A 101.20(1) 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 111, SubChapter A 30 TAC Chapter 116, SubChapter 116.115(c) 40 CFR Chapter 60, SubChapter C, PT 60, A 5C THSC Chapter 382 382.0850PERMIT Failure to comply with regulatory requirements for visible emissions from flares. Classification: Moderate no For Informational Purposes Only 30 TAC Chapter 101, SuoChapter A 101.200) 30 TAC Chapter 116, SupChapter 116.115(c) 5C THSC Chapter 332 332.085(b) SC No. 14 OP SC No. 26A PERMIT Failure to submit a certification test report within 30 days of completion of the monitor certification test. Classification: Moderate NO For Informational Purposes Only 32* 33 34 35 Citation: 30 TAC ChaptEr 101, SubChapter A 101.208) 30 TAC Chapter 116, SubChapter El 116.115(c) 5C THSC Chapter 382 382.085lbPERMIT Description: Failure to maintain carbon monoxide (CO) emissions within permitted limits. Date: 0830/2016 (1357100) Classification: Minor so: Report? no For Informational Purposes Only Citation: 30 TAC Chapter 101, SubChapter A 101.205) 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122, SubChapter 122.143(4) 5c Chapter 332 33233503) SC No. 14 PERMIT STC No. 11 DP Description: Failure to conduct weekly VOC (volatile organic compound) sampling of polymer production. Date: (1358247) Classification: Minor so: Report? no For Informational Purposes Only Citation: 30 TAC Chapter 305, SubChapter 305.1250) 30 TAC Chapter 319, SubChapter A 319.11{c) Monitoring and Reporting; Pg. 4 PERMIT Description: Failed to properly analyze ef?uent samples. Date: 12(15/2016 (1375033) Classification: Moderate Self Report? no For Informational Purposes Only Citation: 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 116.115(c) SC THSC Chapter 332 382.085(b) FOP OP NSR PERMIT PSD PERMIT Description: Failure to comply with special conditions of NSR Permit No. 19193. Specifically, on eleven instances from April 25, 2015 through October 7, 2015, Thermal Oxidizer RTOZ21) did not meet the minimum temperature requirements as per deviation ltern nos. 13 through 24. Date: 12/16f2016 (1320309) Classification: Minor Self Report? YEs For Informational Pu rposes Only Citation: 30 TAC Chapter 122, SubChapter 122.143(4) 30 TAC Chapter 122, SubChapter 122.145(2) SC THSC Chapter 382 382.085tb) FOP OP Description: Failure to report all instances of deviations as required. Specifically on February 25, 2016, Formosa Point Comfort Plant submitted a deviation report, for compliance period July 27, 2015 to January 26, 2016, that did not list all instances of deviation. Classification: Moderate so: Report? res For Informational Purposes Only Citation: 30 TAC Chapter 101, SubChapter A 101.20 30 TAC Chapter 111, SubChapter A 30 TAC Chapter 116, SubChapter El 30 TAC Chapter 122, SubChapter 122.1434) 40 CFR Chapter 53, SubChapter PT 63, A 5c Chapter 332 382.085(b) FOP OP NSR PERMIT Permit PERMIT Description: Failure to comply with regulatory requirements for visible emissions from flares. Specifically, on May 21, 2016, Formosa Point Comfort Plant experienced a smoking flare far longer than 5 minutes from the Olefins 1 Flare (EPN 1018). Classification: Moderate 36 37 38 39 SeiiReRoR? Yes For Informational Purposes Only Citation: 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122, SubChapter 122.143(4) 5C THSC Chapter 332 382.035(b) FOP OP NSR PERMIT Permit PERMIT Description: Failure to comply with special conditions of NSR Permit No. 19163. Specifically, on October 14, 2015 through April 4, 2016, vapor combustor (EPN 1051) did not meet the minimum temperature requirements. Classification: Moderate so? Report? Yes For Informational Purposes Only Citation: 30 TAC Chapter 101, SubChapter A 101.20i3) 30 TAC Chapter 116, SubChaptEF 116.115(c) 30 TAC Chapter 122, SubChapter 122.143(4) 5c THSC Chapter 332 382.085{b) FOP OP NSR PERMIT Permit PERMIT 0e5cription: Failure to maintain pilot flame on Olefins 2 flare (EPN 1067). Specifically on November 2015 and December 7, 2015, an elevated steam flow resulted in the pilot flame to extinguish. Date: 01/20/2017 (1333574) Classification: Minor so? Report? NO For Informational Purposes Only Citation: 30 TAC Chapter 122, SubChapter 122.143(4) 30 TAC Chapter 122, SubChapter 122.145(2) 5C THSC Chapter 382 332.085(b) FOP OP Description: Failure to report all Instances of deviation as required. Specifically, on March 15, 201?, Formosa Point Comfort Plant submitted a deviation report, for compliance period August 15, 2015 to February 14, 2016, which did not list all instances of deviation. Date: 01/31f2017 (1405132) Classi?cation: Moderate spur Report? Yes For Informational Pu rposes Only Citation: 2D TWC Chapter 26, SubChapter A 26.121(a) 30 TAC Chapter 305, SubChapter 305.125i1) Description: Failure to meet the limit for one or more permit parameter Date: 04/18/2017 . (1403182) Classification: Moderate so? Report? NC) For Informational Pu rposes Only Citation: 30 TAC Chapter 101, SutiChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 30 TAC Chapter 116, SubChapter 116.115(c) SC THSC Chapter 382 33108503) NSR PERMIT PSD PERMIT Description: Failure to prevent unauthorized emissions to the atmosphere during an emissions event that was discovered on November 11, 2016, Incident No. 246832. Specifically, Formosa Plastics Corporation Texas released unauthorized emissions in the amount of 98 of vinyl chloride monomer (VCM) from Emissions Point Number (EPN) 007-1. The event lasted for 4 minutes. Permit No. 7699's 1.79 limit for EPN OW-ltas noted on the MAERT) was exceeded. The unauthorized release was the reSLiit of Date: 05/11/2017 (1403865) Classification: Moderate Self Report? Yes For Informational Purposes Only Citation: so TAC Chapter 115, SubChapter 30 TAC Chapter 116, SubChapter 116.115(c) 5C THSC Chapter 332 382.085(b) PERMIT Description: Failure to prevent unauthorized emissions to the atmosphere during an emissions event that was discovered on October 5, 2016, TCEQfSteers Incident No. 245104. Specifically, Formosa Plastics Corporation Texas released unauthorized emissions in the amount of 12.26 of Chlorine from Emissions Point Number (EPN) 2FUG. The event lasted for 10 minutes. Permit No. 19167?s 0.44 lb/hr limit for EPN 2FUG (as noted on the MAERT) was exceeded. The unauthorized release was the result of poor operation and 1? NOVs applicable for the Compliance History rating period 9/1/2011 to 8/31f2016 Appendix Item 1* Item 2* Item 3 Item 4* Item 5* Item 6* Item 7 Item 8* Item 9* Item 10* Item 11* Item 12* Item 13* Item 14* Item 15 [tom 16 All Investigations Conducted During Component Period May 17, 2012 and May 17, (1017573) May 111, 2111111 For Informational Purposes Only (1007512) May 21, 21112? For Informational Purposes Only (1007651) May 15,1012? For Informational Purposes Only (1007432) May 29,1012? For Informational Purposes Only (1009196) June 06, 2012? Informational Only (1025324) June 19, 2012? For Informational Purposes Only (1001986) 111111111, 11111? For Informational Purposes Only (1015932) July 11, 21112" For Informational Purposes Only (1019513) 11111111211112? For Informational Purposes Only (1020550) 1111,17, 21112? For Informational Purposes Only (1032714) 1111, 19, 21112? For Informational Purposes Only (1021057) 11.11,: 24, 21112? For Informational Purposes Only (1021212) 11111121201211 For Informational Purposes Only (1023964) August 1.1, 201211 For Informational Purposes Only (1023003) 11191111112011? For Informational Purposes Only (1028063) 11119111121211.1211 For Informational Purposes Only (1029127) Item 17* August 31, 2012W For Informational Purposes Only (1030112) Item 16* Item 19* Item 20* Item 21* Item 22" Item 23* Item 24* Item 25* Item 26* Item [tom 23* Item 29* Item 30* Item 31* Item 32* Item 33* Item 34* Item 35* Item 36* Item 37* Item 38* Item 39* September 05, Informational Purposes Only (1030373) Septemberm, 2012mFor Informational Purposes Only (1048094) SeptemDEr 17, 2012*??F0r Informational Purposes Only (1035148) September 25, zolzuFor Informational Purposes Only (1036121) October 03, 2012? For Informational Purposes Only (1036379) October 04, 2912*?: For Informational Purposes Only (1036010) October09,2012** For Informational Purposes Only (1036253) October 17, 2012? For Informational Purposes Only (1042199) November01,2012** For Informational Purposes Only (1043090) November m, 2012? For Informational Purposes Only (1043172) November 15, 2012? For Informational Purposes Only (1044503) November 15, 2012? For Informational Purposes Only (1045943) December 04, 2012? For Informational Purposes Only (1051220) December 17, 201w For Informational Purposes Only (1051540) December 13, 2012? For Informational Purposes Only (1052334) January 03, 2013" For Informational Purposes Only (1052854) January 10, 2013? For Informational Purposes Only (1081491) January 13, 2013? For Informational Purposes Only (1050922) January 23, 2013? For Informational Purposes Only (1055116) January 29, 2013? For Informational Purposes Only (1081490) February 20, 2013? For Informational Purposes Only (1060409) February 23, 2013? For Informational Purposes Only Item 40* Item 41? Item 42* Item 43* Item 44 Item 45* Item 46 Item Item 48* Item 49 Item 50* Item 51* Item 52* Item 53 Item 54 Item 55* Item 56* Item 57 Item 58* Item 59* Item 60* (1075135) March 13, 2013? For Informational Purposes Only . (1090532) March 19, 2013? For Informational Purposes Only (1075734) March 26,2013? For Informational Purposes Only (1073136) April 03, 23134 For Informational Purposes Only (1093333) April 19,2013? For Informational Purposes Only (1086853) April 30, 2013? For Informational Purposes Only (1035343) 3351012013? For Informational Purposes Only (1088445) May 15, 20134 For Informational Purposes Only (1107347) May 20, 2013? For Informational Purposes Only (1094931) 3311,2013? For Informational Purposes Only (1111479) June 20, 2313? For Informational Purposes Only (1118381) July 18, 2013? For Informational Purposes Only (1103494) 3014,2013? For Informational Purposes Only (1100038) August 05, 2013" For Informational Purposes Only (1105313) August 13, 2013? For Informational Purposes Only (1114119) 11191151131013? For Informational Purposes Only (1126171) August 1:1, 1013? For Informational Purposes Only (1116519) September 19, Informational Purposes Only (1122671) Octoberoa,2013** For Informational Purposes Only (1123071) 03333032013? For Informational Purposes Only (1136489) October 13, 2013? For Informational Purposes Only Item 61* Item 62 Item 63* Item 64* Item 65* Item 66* Item 67* Item 68 Item 69* Item 7?0 Item 71* Item 72 Item 73* Item 74* Item 75 Item 76 Item 77 Item 73* Item 79 Item 80* Item 81 (1141373) November 20, 21113? For Informational PUFDOSES Only (1143333) December 13, 2013? For Informational Purposes Only January 07, 2014" January 17, 2014? February 19, 2014? March 20, 2014? April 17, 2014*? May 05, 20 14?? May 12, 2014? May 20, 2014** May 22, 2014** June 04, 2014*? June 18, 2014?? June 20, 2014? July 17, 2014? August 01, 2014" August 06, 2014* August 19, .2014M August 21, 2014" August 23, 2014" (1133745) For Informational Purposes Only (1154403) For Informational Purposes Only (1161734) For Informational Purposes Only (1168358) For Informational Purposes Only (1175522) For Informational Purposes Only (1152551) For Informational Purposes Only (1165013) For Informational Purposes Only (1181715) For Informational Purposes Only (11?0801) For Informational Purposes Only (11?0749) For Informational Purposes Only (1152390) For Informational Purposes Only (1177458) For Informational Purposes Only (1200371) For Informational Purposes Only (1185295) For Informational Purposes Only (11?4112) For Informational Purposes Only (1200372) For Informational Purposes Only (1159303) For Informational Purposes Only (118554?) For Informational Purposes Only (1206975) September 19, Informational Purposes Only (1197116) Item 82 Item 83* Item 84* Item 85* Item 85* Item 87* Item 83* Item 89* Item 90 Item 91* Item 92* Item 93? Item 94 Item 95* Item 96 Item 97' Item 98 Item 99 Ram 100* Item 101* Item 102 October 17, 2014? For Informational Purposes Only (1197147) November 20, 2014*? For Informational PUFDOSES (1225427) December 17, 20144 For Informational Purposes Only January 02, 2015? January 20, 2015? February 20, 2015? March 20, 2015?? April 15, 2015" April 20, 2015'? May 20, 2015'? June 19, June 26, 2015? July I31, 2015'? July 20, 2015? August 11, 2015W August 12, 2015M August 18, 2015'? August 20, 2015? August 21, 2915W August 24, 2015M (1215232) For Informational Purposes Only (1232364) For Informational Purposes Only (1243440) For Informational Purposes Only (1249806) For Informational Purposes Only (1229221) For Informational Purposes Only (1230009) For Informational Purposes Only (1255688) For Informational Purposes Only (1263443) For Informational Purposes Only (1247109) For Informational Purposes Only (1247456) For Informational Purposes Only (1260885) For Informational Purposes Only (1278093) For Informational Purposes Only (1268724) For Informational Purposes Only (1266034) For Informational Purposes Only (1259389) For Informational Purposes Only (1284283) For Informational Purposes Only (1273726) For Informational Purposes Only (1273829) For Informational Purposes Only (1267411) ?En1103 Item 104* Item 105* Item 106* nen1107 Ren1103* Item 109* Item 110* Item 111* Item 112* Item 113* Item 114* Item 115* Hen1116 Hen1117* Item 118 ken1119* Item 120'" Item 121 Hen1122* Item 123 Hen1124 August 25, 2015? For Informational Purposes Only (1274914) Augu5131,2015** For Informational Purposes Only (1291433) - September 13, 2015*??F0r Informational Purposes Only (1297513) October 20, 2015? For Informational Purposes Only (1231961) October26,2015** For Informational Purposes Only (1303054) . November 18, 2015? For Informational Purposes Only (1310041) December 13, 2015? For Informational Purposes Only (1316808) January 20, 2015" For Informational Purposes Only (1307052) February 18, 2016? For Informational Purposes Only (1326163) February 19, 2015? For Informational Purposes Only (1314261) March 16, 2016? For Informational Purposes Only (1332925) March 18, 2015? For Informational Purposes Only (1340059) April 19,2015" For Informational Purposes Only (1204144) May 15, 2015? For Informational Purposes Only (1346377) May20,2016** For Informational Purposes Only (1329126) May 31,2015? For Informational Purposes Only (1337771) June 14, 2016? For Informational Purposes Only (1353303) June 20, 2015? For Informational Purposes Only (1330047) June 24, 2016? For Informational Purposes Only (1360272) July 20, 2015" For Informational Purposes Only (1283004) July 23, 2015*: For Informational Purposes Only {1349122) August 05, 2016? For Informational Purposes Only Item 125 Item 126* Item 127 Item 128* Item 129* Item 130* Item 131* Item 132* Item 133* Item 134* Item 135 Item 136 Item 137* Item 138 Item 139 Item 140* Item 141* Item 142* Item 143* Item 144* Item 145* August 19, 2016** August 26, 2016** August 30, September 14, 2016 September 20, 2016 September 22, 2016 October 20, 2016 November 18, 2016 December 02, 2016 December 09, 2016 December 15, 2016 December 16, 2016 January 03, 2017 January 20, 2017 February 17', 201? February 2017 February 28, 2012 March 06, 2017 March 20, 2017 Apn 11,2017 April 14, 2017 {1351348) For Informational Purposes Only (1338768) For Informational Purposes Only (1357100) For Informational Purposes Only (1358330) For Informational Purposes Only (1373413) For Informational Purposes Only (1356437) For Informational Purposes Only (1379539) For Informational Purposes Only (1385536) For Informational Purposes Only (1363501) For Informational Purposes Only (1352459) For Informational Purposes Only (1376088) For Informational Purposes Only (1370309) For Informational Purposes Only (1381671) For Informational Purposes Only (1383574) For Informational Purposes Only (1405132) For Informational Purposes Only (1395749) For Informational Purposes Only (1395630) For Informational Purposes Only (1394886) For Informational Purposes Only (1412256) For Informational Purposes Only (1396497) For Informational Purposes Only (1396534) For Informational Purposes Only (1407583) Item 145 April 17, 2017 For Informational Purposes Only (1403132) Item 147 April 18, 2017 For Informational Purposes Only (1413765) Item 143* April 20, 2017 For Informational Purposes Only (1400665) Item 149 May01,2017 For Informational Purposes Only (1403355) Item 150 May 12, 2017 For Informational Purposes Only No violations documented during this investigation "Investigation applicable for the Compliance History Rating period between 09/01/2011 and 08f31/2016. The TCEQ is committed to accessibility. To request a more accessible version of this report, please contact the TCEQ Help Desk at {512) 239-4357. a' 9 Compliance History Report Compliance History Report for CN600130017, RN 100213973, Rating Year 2016 which includes Compliance History (CH) components from September 1, 2011, through August 31, 2016. Customer, Respondent, CN600130017, FORMDSA PLASTICS or Owner/Operator: Regulated Entity: CORPORATION, TEXAS RN100218973, Formosa Point Comfort Plant Classification: SATISFACTORY Rating: 3.39 Classification: SATISFACTORY Rating: 3.89 Repeat Violator: No 201 FORMOSA DRIVE, ONE MILE NORTH OF THE INTERSECTION OF STATE HIGHWAY 35 AND FARM-TO-MARKET ROAD 1593, NORTHEAST OF POINT COMFORT, CALHOUN COUNTY, TEXAS Complexity Points: 56 CH Group: 05 - Chemical Manufacturing Location: TCEQ Region: REGION 14 - CORPUS CHRISTI ID Number(s): AIR OPERATING PERMITS ACCOUNT NUMBER CBOOSBQ AIR OPERATING PERMITS PERMIT 1951 AIR OPERATING PERMITS PERMIT 1954 AIR OPERATING PERMITS PERMIT 1956 AIR OPERATING PERMITS PERMIT 1958 AIR OPERATING PERMITS PERMIT 3421 POLLUTION PREVENTION PLANNING ID NUMBER P08990 AIR NEW SOURCE PERMITS PERMIT 7699 AIR NEW SOURCE PERMITS PERMIT 19166 AIR NEW SOURCE PERMITS PERMIT 19168 AIR NEW SOURCE PERMITS PERMIT 19199 AIR NEW SOURCE PERMITS PERMIT 19201 AIR NEW SOURCE PERMITS PERMIT 20203 AIR NEW SOURCE PERMITS REGISTRATION 31130 AIR NEW SOURCE PERMITS REGISTRATION 26270 AIR NEW SOURCE PERMITS REGISTRATION 26523 AIR NEW SOURCE PERMITS REGISTRATION 35292 AIR NEW SOURCE PERMITS PERMIT 40157 AIR NEW SOURCE PERMITS REGISTRATION 41145 AIR NEW SOURCE PERMITS REGISTRATION 4484? AIR NEW SOURCE PERMITS ACCOUNT NUMBER C80038Q AIR NEW SOURCE PERMITS REGISTRATION 52259 AIR NEW SOURCE PERMITS REGISTRATION 75974 AIR NEW SOURCE PERMITS REGISTRATION 132277 AIR NEW SOURCE PERMITS PERMIT 107520 AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS REGISTRATION 79826 AIR NEW SOURCE PERMITS REGISTRATION 81109 AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS REGISTRATION 83608 AIR NEW SOURCE PERMITS REGISTRATION 86398 AIR NEW SOURCE PERMITS REGISTRATION 84589 AIR NEW SOURCE PERMITS REGISTRATION 84788 AIR NEW SOURCE PERMITS REGISTRATION 84730 AIR NEW SOURCE PERMITS REGISTRATION 91047 AIR NEW SOURCE PERMITS REGISTRATION 88447 AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS EPA PERMIT AIR OPERATING PERMITS PERMIT 1484 AIR OPERATING PERMITS PERMIT 1953 AIR OPERATING PERMITS PERMIT 1955 AIR OPERATING PERMITS PERMIT 1957 AIR OPERATING PERMITS PERMIT 3409 POLLUTION PREVENTION PLANNING ID NUMBER P00254 AIR NEW SOURCE PERMITS AFS NUM 4805700015 AIR NEW SOURCE PERMITS PERMIT 17030 AIR NEW SOURCE PERMITS PERMIT 1916? AIR NEW SOURCE PERMITS PERMIT 19198 AIR NEW SOURCE PERMITS PERMIT 19200 AIR NEW SOURCE PERMITS PERMIT 19871 AIR NEW SOURCE PERMITS REGISTRATION 29765 AIR NEW SOURCE PERMITS REGISTRATION 26267 AIR NEW SOURCE PERMITS REGISTRATION 26351 AIR NEW SOURCE PERMITS REGISTRATION 26266 AIR NEW SOURCE PERMITS REGISTRATION 37070 AIR NEW SOURCE PERMITS REGISTRATION 40293 AIR NEW SOURCE PERMITS REGISTRATION 43265 AIR NEW SOURCE PERMITS REGISTRATION 44933 AIR NEW SOURCE PERMITS REGISTRATION 52859 AIR NEW SOURCE PERMITS EPA PERMIT HAP10 AIR NEW SOURCE PERMITS PERMIT 76305 AIR NEW SOURCE PERMITS PERMIT 76044 AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS REGISTRATION 78769 AIR NEW SOURCE PERMITS REGISTRATION 80198 AIR NEW SOURCE PERMITS EPA PERMIT HAP2 AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS PERMIT 83763 AIR NEW SOURCE PERMITS REGISTRATION 83990 AIR NEW SOURCE PERMITS REGISTRATION 83489 AIR NEW SOURCE PERMITS PERMIT 87363 AIR NEW SOURCE PERMITS REGISTRATION 85081 AIR NEW SOURCE PERMITS REGISTRATION 85100 AIR NEW SOURCE PERMITS PERMIT 91780 AIR NEW SOURCE PERMITS EPA PERMIT 1230 AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS REGISTRATION 96403 AIR NEW SOURCE PERMITS REGISTRATION 102123 AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS REGISTRATION 119133 AIR NEW SOURCE PERMITS REGISTRATION 132905 AIR NEW SOURCE PERMITS PERMIT 127333 AIR NEW SOURCE PERMITS PERMIT 140763 AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS REGISTRATION 115795 AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS EPA PERMIT PSOTX760M9 AIR NEW SOURCE PERMITS REGISTRATION 145955 AIR NEW SOURCE PERMITS REGISTRATION 145953 INDUSTRIAL AND HAZARDOUS WASTE SOLID WASTE REGISTRATION (SWR) 31945 INDUSTRIAL AND HAZARDOUS WASTE SOLID WASTE REGISTRATION (SWR) 82613 INDUSTRIAL AND HAZARDOUS WASTE PERMIT PC031945 WASTEWATER EPA ID TX0065570 UNDERGROUND INJECTION CONTROL PERMIT WDW403 STORMWATER PERMIT STORMWATER PERMIT TXR150024380 STORMWATER PERMIT TXR150018054 STORMWATER PERMIT TXR1537OB STORMWATER PERMIT TXR153718 am EMISSIONS- INVENTORY ACCOUNT NUMBER TAX RELIEF ID NUMBER 16667 TAX RELIEF ID NUMBER 16792 TAX RELIEF ID NUMBER 16796 TAX RELIEF ID NUMBER 16663 Compliance History Period: September 01, 2011 to August 31, 2016 AIR NEW SOURCE PERMITS EPA PERMIT PSOTX1238 AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS PERMIT 107518 AIR NEW SOURCE PERMITS REGISTRATION 132128 AIR NEW SOURCE PERMITS EPA PERMIT AIR NEW SOURCE PERMITS REGISTRATION 134477 AIR NEW SOURCE PERMITS EPA PERMIT P50111383 AIR NEW SOURCE PERMITS REGISTRATION 131445 AIR NEW SOURCE PERMITS REGISTRATION 129793 AIR NEW SOURCE PERMITS REGISTRATION 116253 AIR NEW SOURCE PERMITS PERMIT 128752 AIR NEW SOURCE PERMITS REGISTRATION 128431 AIR NEW SOURCE PERMITS REGISTRATION 142099 AIR NEW SOURCE PERMITS REGISTRATION 145753 INDUSTRIAL AND HAZARDOUS WASTE EPA IO TXT490011293 INDUSTRIAL AND HAIARDOUS WASTE EPA ID TX0000888164 INDUSTRIAL AND HAZARDOUS WASTE PERMIT 50343 WASTEWATER PERMIT WQ0002436000 UNDERGROUND INJECTION CONTROL PERMIT WOW-402 IHW CORRECTIVE ACTION SOLID WASTE REGISTRATION (own) 31945 STORMWATER PERMIT TXR150015113 STORMWATER PERMIT TXR 1 50015009 STORMWATER PERMIT TXR150017867 STORMWATER PERMIT TXRIS 5 1 SB STORMWATER PERMIT TXR15062 PUBLIC WATER REGISTRATION 0290074 TAX RELIEF ID NUMBER 16751 TAX RELIEF ID NUMBER 16795 TAX RELIEF ID NUMBER 16793 Rating Year: 2016 Rating Date: 09701/2016 Date Compliance History Report Prepared: May 17, 201? Agency Decision Requiring Compliance History: Enforcement Component Period Selected: May 2012 to May 17, 2017 TCEQ Staff Member to Contact for Additional Information Regarding This Compliance History. Name: Austin Henck Phone: (512) 239-6155 Site an Owner tor Histor 1) Has the site been in existence arid/or operation for the full five year compiiance period? YES 2) Has there been a (known) change in ownership/operator of the site during the compliance period? NO orients timedi the Site Ar ted in Secti A. Final Orders, court judgments, and consent decrees: 1 Effective Date: 12/1512012 Classification: Moderate ADMINORDER 2012-0304-AIR-E (1660 Order-Agreed Order With Denial) Citation: 30 TAC Chapter 101, SubChapter A 101.20(2) 30 TAC Chapter 113, SubChapter 113.100 30 TAC Chapter 116, SubChapter 40 CFR Chapter 61, SubChapter C, PT 61, A 61.1203) 40 CFR Chapter 63, SubChapter C, PT 63, 511pr A 63.6(e) 5C THSC Chapter 332 382.085(b) Romt Prov: SC No. 1 PERMIT EC No. 3 PERMIT SC No. 4 PERMIT Description: Failed to prevent unauthorized emissions. 2 Effective Date: 04/19/2014 2013-1609-AIR-E (1660 Order-Agreed Order With Denial) Classification: Major Citation: 30 TAC Chapter 101, SubChapter A 101.208) 30 TAC Chapter 116, SubChapter 30 TAC Chapter 116, SubChapter El 116.115(c) SC THSC Chapter 332 332.085(b) qut Prov: 76305-General Condition (EC) No. 3 PA 76305-Speclal Condition (SC) No. 1 PA PSD-TX-1056 GC No. PERMIT PSD-TX-IOSB SC No. 1 PERMIT Description: Failure to prevent unauthorized emissions to the atmosphere during an emissions event which occurred on June 4, 2011, during STEERS Incident No. 1552?0. Classification: Moderate Citation: 30 TAC Chapter 101, SubChapter A 101.20(2) 40 CFR Chapter 61, SubChapter C, PT 61, 6165(3) 5C THSC Chapter 382 382.085{b) Romt Prov: 76305 SC No. 3 PA PSD-TX-IDSB PERMIT Desorlption: Failed to submit a 40 CFR Part 61, Subpart report within 10 days of any relief valve discharge. Specificially, the rapprt was due June 14, 2011 but was not submitted until July 24, 2013. 3 Effective Date: ADMINORDER 2014-1394-AIRFE (Findings Order~Agreed Order Without Denial) Classification: Moderate Citation: 30 TAC Chapter 101, SubChapter A 101.20{3) 30 TAC Chapter 116, SubChapter El 116.115fb) 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122, SubChaptEr 122.143(4) 5C THSC Chapter 362 382.035{b) qut Prov: GTCs, STCs No. 1? OP SC No. 1 PERMIT Description: Failure to prevent unauthorized emissions to the atmosphere during an emissions event which occurred on January 2, 2014, (TCEQ STEERS Incident No. 192659). Classification: Moderate Citation: 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 6 116.115ic) 30 TAC Chapter 122, SubChapter 12214304) 5C THSC Chapter 382 332.085(b) qut Prov: 0-01954) STC 15 DP Permit SC 1 PA Description: Failure to prevent unauthorized emissions to the atmosphere during an emissions event on August 26, 2014 for Incident No. 202283. 4 Effective Date: ADMINORDER (Findings Order-Agreed Order Without Denial) Classification: Moderate Citation: 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter a 116.115(c) 30 TAC Chapter 122, SubChapter 122.143(4) 5C THSC Chapter 362 362.035(b) qut Prov: General Terms and Conditions OP Special Condition No 1 PERMIT Special Terms and Conditions No 12 DP Description: Failure to prevent unauthorized emissions to the atmosphere during an emissions event that was discovered on September 08, 2014, Incident No. 203344. Specifically, Formosa Point Comfort Plant released unauthorized emisSions in the amount of 93,797.066 pounds (lbs) of total Carbon Monoxide (C0), 12,426.332 Nitrogen Oxides (NOXJ, and 22,082.326 of Volatile Organic Compounds (VOCs) from the Olefins I elevated flare (EPN 1018). The event lasted 61 hours and 26 minutes. See addendum for information regarding federal actions. Criminal convictions: 0. Chronic excessive emissions events: D. The approval dates of investigations (CCEDS Inv. Track. Item 1 Item 2 Item 3 4 Item 5 Item 6 Item 7 Item 8 Item 9 Item 10 Item 11 Item 12 Item 13 Item 14 Item 15 Item 16 Item 17 Item 18 Item 19 Item 20 Item 21 Item 22 Item 23 Item 24 Item 25 Item 26 Item 27 Item 28 Item 29 Item 30 Item 31 Item 32 Item 33 Item 34 Item 35 Item 36 Item 37 Item 38 Item 39 Item 40 Item 41 Item 42 Item 43 Item 44 Item 45 Item 46 Item 47 Item 48' Item 49 Item 50 Item 51 Item 52 Item 53 Item 54 Item 55 Item 56 May18,2012 May 21, 2012 May 29, 2012 June 06, 2012 June 19, 2012 July 11, 2012 July 16, 2012 July 17, 2012 July 19, 2012 July 24, 2012 July 25, 2012 August14,2012 August 31, 2012 September 05, 2012 September 07, 2012 September 17, 2012 September 26, 2012 October 03, 2012 October 04, 2012 October 09, 2012 October 17, 2012 November 01, 2012 November 07, 2012 November 15, 2012 November 16, 2012 December 04, 2012 December 17, 2012 December 13, 2012 January 08, 2013 January 10, 2013 January 18, 2013 January 23, 2013 January 29, 2013 February 20, 2013 February 28, 2013 March 18, 2013 March 19, 2013 Mard126,2013 April 30, 2013 May 16, 2013 May 20,2013 June 20,2013 July 18, 2013 July 24, 2013 August 16, 2013 August20,2013 September 19, 2013 October 08, 2013 October 09, 2013 October 18, 2013 November 20, 2013 January 07, 2014 January 17, 2014 February 19, 2014 March 20, 2014 (1017573) (1007512) (1007432) (1009196) (1025374) (1015932) (1019513) (1020550) (1032714) (1021057) (1021212) (1023964) (1029127) (1030112) (1030373) (1043094) (1035143) (1036121) (1036379) (1036010) (1036253) (1042199) (1043090) (1043172) (1044503) (1045943) (1051220) (1051540) (1052334) (1052354) (1031491) (1050922) (1055116) (1031490) (1060409) (1075135) (1090532) (1075734) (1073136) (1036353) (1033445) (1107347) (1111479) (1113331) (1103494) (1114119) (1126171) (1130725) (1122671) (1123071) (1136439) (1141373) (1133745) (1154403) (1161734) (1163353) Item 57 nenwsa Item 59 Item 60 Item 61 Item 62 Item 63 Item 64 Item 65 Item 66 Item 67 Item 68 Item 69 Item 70 Item 71 Item 72 Item 73 Item 74 Item 75 Item 76 Item 77 Item 78 Item 79 Item 80 Item 81 Item 82 Item 83 Item 84 Item 85 Item 86 Item 87 Item 38 Item 89 Item 90 Item 91 Item 92 Item 93 Item 94 Item 95 Item 96 Item 97 Item 98 Item 99 Item 100 Item 101 Item 102 Item 103 Item 104 Item 105 Item 106 Item 107 Item 103 Item 109 Item 110 Item 111 Item 112 Ap?l17,2014 May 12, 2014 May 22,2014 June 18, 2014 June 20, 2014 August 19, 2014 August28,2014 November 20, 2014 December 17, 2014 January 02, 2015 January 20,2015 February 20, 2015 March 20, 2015 Ap?l14,2015 Apnlzo,2015 May 20,2015 June 19, 2015 July 01, 2015 August 11, 2015 August 18, 2015 August 20, 2015 August 21, 2015 August 31, 2015 September 18, 2015 October 20, 2015 October 26, 2015 November 18, 2015 December 18, 2015 January 20,2016 February 18, 2016 February 19, 2016 March 16, 2016 Mard118,2016 April 19, 2016 May 20, 2016 June 14, 2016 June 20, 2016 July 20, 2016 August 19, 2016 August 26, 2016 September 14, 2016 September 20, 2016 September 22, 2016 October 20, 2016 November 13, 2016 December 02, 2016 December 09, 2016 January 03, 2017 January 20, 2017 February 27, 2017' February 28, 2017 March 06, 2017 March 20, 2017 April 11, 2017 April 14, 2017 May 01, 2017I (1175522) (1165013) (1170301) (1152390) (1177453) (1200372) (1135547) (1197147) (1225427) (1215232) (1232364) (1243440) (1249806) (1229221) (1256633) (1263443) (1247109) (1260335) (1263342) (1272313) (1234233) (1273726) (1274914) (1291433) (1297613) (1232300) (1303054) (1310041) (1316303) (1307052) (1326163) (1314261) (1332926) (1340059) (1346377) (1337771) (1353303) (1360272) (1366715) (1333763) (1353330) (1373413) (1356437) (1379539) (1335536) (1363501) (1362459) (1331671) (1393233) (1395749) (1395630) (1394336) (1412266) (1396497) (1396534) (1409476) E. Written notices of violations (NOV) (CCEDS Inv. Track. A notice of violation represents a written allegation of a violation of a specific regulatory requirement from the commission to a regulated A notice of violation is not a final enforcement action, nor proof that a violation has actually occurred. 1 Date: 05/2722016 (1329126) Self Report? NO Classification: Moderate Citation: 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116. SubChapter 116.115(c) 30 TAC Chapter 122, SubChapter ?ll-43(4) 5C THSC Chapter 382 382.085(PERMIT Description: Failure to conduct monitoring for VOC (volatile organic compounds) associated with the EDC (ethylene dichloride) Plant CODling tower water. Specifically, the Formosa Point Comfort Plant failed to conduct the reouisite monitoring for June 2015, 2 Date: 06f24/2016 (133004?) Self Report? NO Classification: Minor Citation: 30 TAC Chapter 122, SubChapter El 5C THSC Chapter 382 382.085ib) FOP 03409 GTC OP Destription: Failure to report all intances of deviations, the probable cause of the deviations, and any corrective actions or preventative measures taken for each emission unit addressed in the permit. 3 Date: (1283004) Self Report? NO Classification: Moderate Citation: so TAC Chapter 101, SubChapter A 101.205) 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122, SubChapter 8 12214301) SC THSC Chapter 332 382.085i'b) FOPI 0-1957 STC {10) OP NSR 19201 SC (21) (B) PERMIT Description: Failure to drain remaining liquids into a closed vessel during maintenance, startup, and shutdown activities. Self Report? NO Classification: Moderate Citation: 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 116.115fc) 30 TAC Chapter 122, SubChapter 12214304) 5C THSC Chapter 382 382.0850?) FOP 0?1957 STC (10) DP NSR 19201 81 5C (1) PERMIT Deseription: Failure to prevent unauthorized emissions to the atmosphere during a non-reportable emission event that ocearred on April 23, 2015. Self Report? NO Classification: Moderate Citation: 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122, SubChapter 122.143l?4) 40 CFR Chapter 63, SubChapter C, PT 63, 63.2535 5C THSC Chapter 382 382.085(b) FOP 01957 (STC) (10) OP NSR. 19201 (SC) [11) (D) PERMIT Description: Failure to conduct an annual floating roof seal inspection. Self Report? NO Classification: Moderate Citation: 30 TAC Chapter 101, SubChapter A 101.20f3) 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122, SubChapter 8 122.1434) 40 CFR Chapter 63, SubChapter C, PT 63, 63.2535 51': THSC Chapter 332 38208503) FOP 01957 (STC) (10) DP use 19201 a PsoTxxzaz (so) (11) PERMIT Description: Failure to conduct an annual floating roof seal inspection. Self Report? NO Classification: Moderate Citation: 30 TAC Chapter 101, SubChapter A 101.20f3) 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122, SubChapter 122.143(4) 40 CFR Chapter 63, SubChapter C, PT 63, 63.2535 5C THSC Chapter 382 38208503) FOP 01957 (ETC) (1p) op NSR 19201 31 (SC) (11) (D) PERMIT Description: Failure to conduct an annual floating roof seal inspection. Self Reoort? NO Classification: Moderate Citation: 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122, SubChapter 122.143(4) 40 CFR Chapter 63, SuhChapter C, PT 63, 63.2535 5C THSC Chapter 382 38208501) FOP 0195? (STC) (10) DP NSR 19201 a PsoTx1232 (SC) (11) PERMIT Description: Failure to conduct an annual floating roof seal inspeCtion. Self Report? ND Classification: Moderate Citation: 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SuhChapter 30 TAC Chapter 122, SubChapter 122.143(4) 40 CFR Chapter 63, SubChapter C, PT 63, 63.2535 5C THSC Chapter 382 332.0850?) FOP 01957 (STC) (10} OF HER 19201 PSDTIK1232 (SC) (11) (D) PERMIT Description: Failure to conduct an annual floating roof seal inspection. Self Report? N0 Classification: Moderate Citation: 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 30 TAC Chapter 122, SubChapter 12214304) 40 CFR Chapter 63, SuhChapter C, PT 63, SUDPT 63.2535 5c THSC Chapter 332 332.0850?) FOP 0195? (STC) (10) NSR 19201 (SC) (11} (D) PERMIT Description: Failure to conduct an annual floating roof seal inspection. Self Report? NO Classification: Moderate Citation: 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122, SupChapter 1221-4304) 40 CFR Chapter 63, SubChapter C, PT 63, SutuPT 63.2535 5C THSC Chapter 382 382.085(b) FOP 01952 (STC) (10) OF HER 19201 31 (SC) (3) PERMIT Desoription: Failure to conduct a 10 year and an annual floating roof seal inspection. Date: 08/05/2016 (1349122) Self Report? ND Classification: Moderate Citation: 30 TAC Chapter 101, SuoChapter A 101.20(3) 30 TAC Chapter 116, SuhChapter 116.115(c) 30 TAC Chapter 122, SubChapter 12214304) 5C THSC Chapter 382 382.085(PERMIT Description: Failure to comply with permit limitations regarding the six minute, average firebox chamber temperature for the Regenerative Thermal Oxidizer. Self Report? ND Classification: Moderate Citation: 30 TAC Chapter 101, SubChapter A 101.208) 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122, SubChapter 122.143{4) 5C THSC Chapter 382 38108503PERMIT Desoription: Failure to comply with permit limitations regarding the hourly average exhaust oxygen concentration for the Regenerative Thermal Oxidizer. Date: 08/19/2016 (1351348) Self Report? N0 Classification: Moderate Citation: 30 TAC Chapter 122, SubChapter 12214304) 30 TAC Chapter 122, SubChapter 122.145(2) 5c THSC Chapter 332 382.085(b) General Terms and Conditions 0P Description: Failure to repOrt all instances of deviations as required. Self Report? NO Classification: Moderate Citation: 30 TAC Chapter 101, SuoChapter A 101.20(1) 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 111, SubChapter A 30 TAC Chapter 116, SubChapter 116.115(c) 40 CFR Chapter so, SubChapter c, PT 60, A 5C THSC Chapter 362 3B2.085(PERMIT Desoriptlon: Failure to comply with regulatory requirements for visible emissions from flares. Self Report? ND Classification: Moderate Citation: 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 116.115(c) 5C THSC Chapter 382 382.085fb) SC No. 14 DP SC No. 26A PERMIT Description: Failure to submit a certification test report within 30 days of completion of the monitor certification test. Self Report? NO Classification: Moderate Citation: 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 116.115(c) 5C THSC Chapter 382 382.085(PERMIT Description: Failure to maintain carbon monoxide (CO) emissions within permitted limits. Date: 08/30/2016 (1357100) Self Report? NO Classification: Minor Citation: 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122, SubChapter 12214304) 5C THSC Chapter 382 38208503) SC No. 14 PERMIT STC No. 11 UP Description: to conduct weekly VOC (volatile organic compound) sampling of polymer production. Date: 10/24f2016 (1358247) Self Report? N0 Classification: Minor Citation: 30 TAC Chapter 305, SubChapter 305.1250) 30 TAC Chapter 319, SubChapter A 319.1102) Monitoring and Reporting; Pg. 4 PERMIT Description: Failed to properly analyze effluent samples. Date: 13192016 (13376088) Self Report? NO Classification: Moderate Citation: 30 TAC Chapter 101, SubChapter A 101.20i3) 30 TAC Chapter 116, SubChapter 8 11611502) 5C THSC Chapter 332 332.085(b) FOP 0P NSR PERMIT PSD PERMIT Deacription: Failure to comply with special conditions of NSR Permit No. 19198. Specifically, on eleven instances from April 25, 2015 through October 2015, Thermal Dxidizer (EPN RT0221) did not meet the minimum temperature requirements as per deviation item nos. 13 through 24. Date: 12/16}2016 (1370809) Self Report? YES Classification: Minor Citation: 3o TAC Chapter 122, SubChapter a 122.143(4) 30 TAC Chapter 122, SubChapter 122.145(2) 5C THSC Chapter 382 382.085(b) FOP OP Description: Failure to report all instances of deviations as required. Specifically on February 25, 2016, Formosa Point Comfort Plant submitted a deviation report, for compliance period July 27, 2015 to January 26, 2016, that did not list all instances of deviation. Self Report? YES Classification: Moderate Citation: 30 TAC Chapter 101, SubChapter A 101.20 30 TAC Chapter 111, SubChapter A 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122, SubChapter 8 12214304) 40 CFR Chapter 63, SubChapter c, PT 63, A 53.10am) 5C THSC Chapter 382 382.085(b) FDP OP NSR PERMIT Permit PERMIT Description: Failure to comply with regulatory requirements for visible emissions from flares. Specifically, on May 21, 2016, Formosa Point Comfort Plant experienced a smoking flare for longer than 5 minutes from the Oleflns 1 Flare (EPN 1018). Self Report? YES Classification: Moderate Citation: 30 TAC Chapter 101, SUDChaptel? A 1.0120(3) F. Description: Self Report? Citation Description: 10 Date: Citation: Description: 11 Date: Self Report? Citation: Desori ption: 12 Date: Self Report? CitatiOn: Description: 13 Date: Self Report? Citation: Description: Envimnmemal audits: Notice of Intent Date: YES 01/201201? Self Report? NO 01/311?2017 YES 04/181?2017 N0 05/1 1/201? YES 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122, SubChaptEr 12214304) 5C THSC Chapter 332 382.085(b) FOP OP NSR PERMIT Permit PERMIT Failure to comply with special conditions of NSR Permit No. 19168. Specifically, on October 14, 2015 through April 4, 2016, vapor combustor (EPN 1051) did not meet the minimum temperature requirements. Classification: 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122, SubChapter 122.143(4) 5C THSC Chapter 332 38208503) FOP DP NSR PERMIT Permit PERMIT Failure to maintain pilot flame on Dleflns 2 flare (EPN 1067). Specifically on November 7, 2015 and December 7, 2015, an elevated steam flow resulted in the pilot flame to extinguish. Moderate (1383574) Classification: Minor 30 TAC Chapter 122, SubChapter 3 12214304) 30 TAC Chapter 122, SubChapter a SC THSC Chapter 332 332.085fb) FOP OP Failure to report all instances of deviation as required. Specifically, on March 15, 2017, Formosa Point Comfort Plant submitted a deviation report, for compliance period August 15, 2015 to February 14, 2016, which did not list all instances of deviation. (1405182) Classification: Moderate 2D TWC Chapter 26, SubChapter A 26.121(a) 30 TAC Chapter 305, SubChapter 305.125i1) Failure to meet the limit for one or more permit parameter (1403182) Classification: Moderate 30 TAC Chapter 101, SubChapter A 101.20f3) 30 TAC Chapter 116, SubChapter 30 TAC Chapter 116, SubChapter 116.115(c) 5C Chapter 332 38208503) NSR PERMIT PSD PERMIT Failure to prevent unauthorized emissions to the atmosphere during an emissions event that was discovered on November 11, 2016, TCEQ/Steers Incident No. 246382. Specifically, Formosa Plastics Corporation Texas released unauthorized emissions in the amount of 98 of vinyl chloride monomer (VCM) from Emissions Point Number (EPN) 002-1. The event lasted for 4 minutes. Permit No. 7699's 1.79 lb/hr limit for EPN 007?1(as noted on the MAERT) was exceeded. The unauthorized release was the result of (1403865) Classification: Moderate 30 TAC Chapter 116, SubChapter 30 TAC Chapter 116, SubChapter a 116.115(c) 5c Chapter 382 382.085ib) NSR PERMIT Failure to prevent unauthorized emiSSions to the atmosphere during an emissions event that was discovered on October 5, 2016, TCEQjSteers Incident No. 245104. Specifically, Formosa Plastics Corporation Texas released unauthorized emissions in the amount of 12.26 of Chlorine from Emissions Point Number (EPN) 2FUG. The event lasted for 10 minutes. Permit No. 19167'5 0.44 Ib/hr limit for EPN 2FUG (as noted on the MAERT) was Exceeded. The unauthorized release was the result of poor operation and 10f12/2015 (1239123) No DDV Associated Notice of Intent Date: 11/09/2015 (1294009) Disclosure Date: 05f31/2016 Viol. Classification: Moderate Citation: 30 TAC Chapter 305, SubChapter 305.125(1} qut Prov: PERMIT Part Description: Failed to post a Construction Site Notice regarding storm water management at the construction site entrance. Viol. Classification: Minor Citation: 30 TAC Chapter 305, SubChapter 305.125(1) qut PERMIT Part Description: Failed to ensure inspection forms In the are signed for the Olefins Construction Project. Viol. Classification: Minor Citation: 30 TAC Chapter 305, SubChapter 305.125(1) Prov: PERMIT Part Description: Failed to include a mm; of the Construction General Permit in the Viol. Classification: Moderate Citation: 30 TAC Chapter 319, SubChapter A 319.11(c) Description: Failed to analyze effluents according to test methods specified in 40 CFR Part 136. Specifically, Formosa failed to run a standard at the reporting limit to verify that it is able to quantify at that level far each of the five permit metals. Viol. Classification: Moderate Citation: 30 TAC Chapter 116, SubChapter 116.115(c) qut Prov: PERMIT NSR Permit No. 7699, SC 31 Description: Failed to revalidate MSS emissions from the Maintenance Department on an annual basis. Viol. Classification: Moderate . Citation: 30 TAC Chapter 116, SubChapter 116.115(c) qut Prov: PERMIT NSF. Permit 19168, SC 3.0. DeSCription: Failed to track the average hourly values by taking readings at least once every 15 minutes and taking the average hourly value. Vioi. Classification: Minor Citation: 40 CFR Chapter 63, SubChapter C, PT 63, 2222 63.6640 40 CFR Chapter 63, SubChapter C, PT 53, 63.664003!) Description: Failed to maintain and provide annual maintenance records of the one diesel-fired emergency generator engine in the Olefins II plant for 2014. Viol. Ciasslfication: Moderate Citation: 30 TAC Chapter 116, SubChapter Ell 116,115(c) qut Prov: PERMIT NSR Permit 191.68, 5C 29 Description: Failed to maintain a rolling two-year period of records for the hours of operation and mode of each furnace or heater during startup, shutdown, decoklng, or standby mode of operation. Viol. Classification: Moderate Citation: 30 TAC Chapter 116, SubChapter Ell 116.115(c) qut Prov: PERMIT NSR Permit No. 91780, SC 1 Description: Failed to limit annual emi55ions to the limits established in the permit. Annual emissions Inventory for 2012 indicated that the annual emissions to the Dlefins Flares (EPN 1018x1067) were 7.6442 tonsfvear. Viol. Classification: Moderate Citation: 30 TAC Chapter 116, SubChapter 116.115(c) qut Prov: PERMIT NSR Permit 91780, BC 1 PERMIT NSR Permit 91780, SC 4.D. Description: Failed repair leaks in the PP II facility when visible emissions were noted In the daily Inspection log on at least three occasions. Viol. Classification: Moderate Citation: 30 TAC Chapter 116, SubChapter 116.115(c) qut Prov: PERMIT NSR Permit 91780, SC 4.C. Description: Failed to conduct the required annual preventative maintenance on the oaghouses and filters for 2013 and 2014 (2015 inspections were conducted and the maintenance schedule revised to include annual inspections). Viol. Classification: Minor Citation: 30 TAC Chapter 116, SubChapter 116.115(c) qut Prov: PERMIT NSR Permit 91760, SC 6.F. Description: Failed to calculate average hourly values for the vent stream flow rate to the Olefins 1/11 flare (the unit Is recording flow readings every 15 minutes, but not using these to determine hourly flow rates). Viol. Classification: Moderate Citation: 30 TAC Chapter 116, SubChapter 116.115{c} qut Prov: PERMIT NSP. Permit 91780, SC 8 Failed to calculate the rolling 12-month average of the VOC emitted to the atmosphere after the extruder in order to demonstrate compliance with the permit limit of 90 VDC per million of polypropylene product. Vlol.Classification: Minor Citation: 30 TAC Chapter 122, SubChapter 122.143f4) 30 TAC Chapter 122, SubChapter 30 TAC Chapter 122, SubChapter Romt Prov: GP 01951, General Terms and Conditions Description: Failed to submit an accurate Semi-annual deviation report for SOP 01951. Specifically, the cover letter was misdated March 14, 2013 and the body of the letter misstated the monitoring period as August 2012 to February 2013. The completed deviation forms correctly indicated a report date of March 14, 2014 and a monitoring period of August 2013 to February 2014. Viol.Classiflcation: Minor Citation: 30 TAC Chapter 116, SUbChapter Description: Failed to maintain records of emissions for EPNs XZ-0201 and readily available for review and emission records for EPN were only available for 2014 (Formosa staff stated that they had the data, it just was not readily available for review). Viol.Classification: Moderate Citation: 30 TAC Chapter 116, SubChapter 116.115(c) Romt Prov: PERMIT NSR Permit 19166, SC 1 Description: Failed to comply with hourly M55 NOX lbs/hr emission limits at Utilities Boiler 2] in January and February 2015 during a scheduled maintenance event. The emissions in January were 104.56 and in February 82.92 lbsihr, 41.90 lbs/hr, and 90.17 VioLClassiflcation: Moderate Citation: 30 TAC Chapter 115, SubChapter 115.112 Description: Failed to include the VDC control requirements related to the condensate tanks in the FHC Title Operating Permit. Viol.Classification: Moderate Citation: 30 TAC Chapter 101, SubChapter A 101.10(d) Description: Failed to calculate emissions resulting from the use of natural gas as a pilot gas for Flare 1 In 2013 and 2014. VioLClassificatlon: Moderate Citation: 30 TAC Chapter 101, SubChapter A 101.2403) Description: Failed to submit the 2015 TCEQ Annual Fee Basis form to determine applicable air quality fees for the facility. Vioi.Classification: Moderate Citation: 30 TAC Chapter 106, SubChapter 0 106.359(b) 30 TAC Chapter 106, SubChapter A 106.4 30 TAC Chapter 106, SubChapter A 106.6(0) Description: Failed to maintain documentation to demonstrate compliance with claimed PER 30 TAC 106.359. Viol.Classificatlon: Moderate Citation: 30 TAC Chapter 115, SubChapter 115.121 5C THSC Chapter 332 332.035(b) Failed to include the requirements related to process vents to the flares in the Title permit. Viol. Classification: Moderate Citation: 40 CFR Chapter 60, SubChapter C, PT 60, A 60.18 Description: Failed to maintain documentation to demonstrate compliance with 40 CFR 60.13 for EPNs Flare 1 and Flare 2 (incorrect flare tip diameters were being used in flare caICUlations to demonstrate compliance). Viol. Classification: Moderate Citation: 30 TAC Chapter 116, SubChapter 116.115(c) Description: Failed to comply with annual VDC, and CO emissions limits for EPN Flare 1 (Tank Flare) in 2013 and 2014. Viol.Classiflcation: Minor Citation: 30 TAC Chapter 122, SubChapter 122.145(2) Description: Failed to reference the correct regulatory citation on the deviation report for plant upsets (instead of 30 TAC 101.20, it was referencing either 116.110(a) or the Standard Permit). G. Type of environmental management systems (EMSs): H. Voluntary on-site compliance assessment dates: A I. Participation in a voluntary pollution reduction program: NXA J. Early compliance: WA Sites Outside of Texas: Com onent A ices 1 Appendix A All NOVs Issued During Component Period 5(17/2012 and 5/17/2012 Date: 05/29/2012 (1007651) Classification: Minor spar Report? NO For Informational Purposes Only Citation: No. 0?01484] GTC 0F 30 TAC ChaptEr 122, SubChapter 122.1430!) 30 TAC Chapter 122, SubChaptEr 5C THSC Chapter 382 382.085fb) Description: Failure to report all instances of deviations. Specifically, as dDCumented in the revised first semiannual deviation report, revised DR1 dated May 2012, for the reporting period of April 21, 2011 October 20, 2011, Deviation Item No. 17, Formosa failed to report in the original 0R1 dated November 19, 2011 a deviation that occurred on June 29, 2011. Date: 07/02/2012 (1001986) Classification: Moderate Self Report? no For Informational Purposes Only Citation: 30 TAC Chapter 305, SubChapter 305.1250) Eff. Limit. and Mon. Red. Outfall 001 PERMIT Description: Failed to meet the permit limit for Daily Average loading for Total Copper at Outfall 001 in February, 2011. Classification: Moderate so? Report? N0 For Informational Purposes Only Citation: 30 TAC Chapter 319, SubChapter A 319.7(a) 30 TAC Chapter 319, SubChapter A Mon. and Rep. Rep. 2. PERMIT Description: Failed to calibrate the in-Iine pH meters according to 30 TAC 319.9. Classification: Minor Self Report? no For Informational Purposes Only Citation: 30 TAC Chapter 319, SubChapter A 319.11(c) Mon. and Rep. Reg. 2 PERMIT Description: Failed to utilize the proper reagent In the analySis of Total Residual ChIOrine and to compensate for the effects of oxidized manganese. Date: 07/31/2012 (1066333) Classification: Moderate Self Report? res For Informational Purposes Only Citation: 20 TWC Chapter 25, SubChapter A 26.121(a) 30 TAC Chapter 305, SubChapter 305.125{1) Description: Failure to meet the limit for one or more permit parameter Date: 08/232012 (1028053) Classification: Moderate soar Report? no For Informational Purposes Only Citation: 30 TAC Chapter 122, SubChapter 12214301) 30 TAC Chapter 122, SubChapter 5C THSC Chapter 382 332.085ib) General Terms and Conditions DP Deacriptlon: Failure to report all instances of deviations. Specifically, Formosa Plastic Corporation, Texas failed to report a deviation regarding a non?reportable emissions event that occwred on December 23, 2010 on the July 27, 2010 through January 25, 2011 deviation report. Date: 03/31/2013 (1096883) Classification: Moderate Self Report? Yes For Informational Pu rposes Only Citation: 2D TWC Chapter 26, SubChapter A 26.121(a) 30 TAC Chapter 305, SubChapter 305.125(1) Desoription: Failure to meet the limit for one or more permit parameter Date: 0510312013 (1035343) Classification: Moderate 10 11 Self Report? NO For Informational Purposes Only Citation: 2D TWC Chapter 26, SubChapter A 30 TAC Chapter 305, SubChapter 305.1250.) Effluent Limitations-1.; Pg. 2f PERMIT Description: Failed to ensure the discharge of only non?process area storm water, hydrostatic test water, fire water, non-contact steam condensate, and non-contact wash water through Outfall 005. Classification: Moderate Self Report? no For Informational Purposes Only Citation: 30 TAC Chapter 305, SubChapter 305.1250) Effluent Pg. 2f PERMIT Deseription: Failed to comply with the permitted effluent limitations for Total Organic Carbon (TOC). Classification: Moderate Self Report? no For Informational Purposes Only Citation: 30 TAC Chapter 305, SubChapter 305.1250) Permit Conditions; Pg. 3 PERMIT Reporting Requirements; 2, Pg. 4-5 PERMIT Description: Failed to accurately accomplish in a representative manner measurements, tests and calculations. Date: 08/13/2013 (1105313) Classification: Minor oer Report? NO For Informational Purposes Only Citation: 30 TAC Chapter 122, SuoChapter 122.143(4) 30 TAC Chapter 122, SubChapter 5C THSC Chapter 362 382.035(b) General Terms and Conditions DP Description: Failure to report, in writing, to the executive director all instances of deviations, the probable cause of the deviations, and any corrective actions 0r preventative measures taken for each emission unit addressed in the permit. Date: (1148333) Classification: Moderate Self Report? res For Informational Purposes Only Citation: 20 TWC Chapter 26, SubChapter A 26.121(a) 30 TAC Chapter 305, SubChapter 305.125{1) DeScription: Failure to meet the limit for one or more permit parameter Date: (1181716) Classification: Moderate Self Report? Yes For Informational Purposes Only Citation: 2D TWC Chapter 26, SubChapter A 26.121(a) 30 TAC Chapter 305, SubChaptEr 305.125(1) Description: Failure to meet the limit for one or more permit para meter Date: 05/31/2014 (1188612) Classification: Moderate Self Report? res For Informational Purposes Only Citation: 2D TWC Chapter 26, SubChapter A 26.121ia) 30 TAC Chapter 305, SubChapter 305.125(1) Description: Failure to meet the limit for one or more permit para meter Date: 06/06/2014 (1120749) Classification: Moderate Self Report? NO For Informational Purposes Only Citation: No. 0-03409] ETC 8 OP [Pmt GC 3 3: 5C 1 PERMIT 30 TAC Chapter 101, SubChapter' A 101.20(3) 30 TAC Chapter 116, SubChapter 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122, SuDChapter 122.143(4) 5C THSC Chapter 382 332.035(b) Description: Failure to comply with permit emissions limitations. Specifically, on October 24, 12 13 14 Self Report? Citation: Deseription: 2013, during stack testing of Train 2 Dryer (Unit ID: 30-904) the CO emissions rate was 5.53 lbsIhr which exceeded Permit No. MAERT emissions rate of 3.33 of CO. In addition, on October 29, 2013, during stack testing of Train 10 Dryer (Unit ID: 00-310), the PM emissions rate was 11.82 lbs/hr which Exceeded Permit No. MAERT emissions rate of 5.04 of PM. Classification: Moderate no For Informational Purposes Only No. 0-03409] STC 8 OP [Pmt GC 9 8L SC 1 PERMIT 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 30 TAC Chapter 116, SubChapter 115.115(c) 30 TAC Chapter 122, SubChapter 122.143(4) 5C THSC Chapter 382 382.085(b) Failure to comply with permit emissions limitations. Specifically, in the second semiannual deviation report, dated February 6, 2014, for the reporting period of July 10, 2013 through January 7, 2014, Deviation Item No. on October 24, 2013, during stack testing of Train 2 Dryer (Unit ID: BD-BO4) the PM10 emissions rate was 0.09 lb/hr which exceeded Permit No. MAERT emissions rate of 0.02 lb/hr of PM10. Date: (1200371) Self Report? Citation: Description: Classification: Moderate Yes For Informational Purposes Only 20 TWC Chapter 26, SubChapter A 26.121(a) 30 TAC Chapter 305, SubChapter 305.1250) Failure to meet the limit for one or more permit parameter Date: UB/le2014 (1185295) Self Report? Citation: Description: Classification: Moderate no For Informational Purposes Only No. 0-01955] GTC 8i STC 14 DP [Pmt SC 29E PERMIT 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 115.115(c) 30 TAC Chapter 122, SubChapter 12214304) SC THSC Chapter 382 38203503) Failure to equip each open-ended line (DEL) with a cap, blind flange, plug, or second valve. Specifically, on February 21, 2013, Formosa discovered one (1) OEL ln VOC service. Date: (1186701) Self Report? Citation: Description: Self Report? Citation: Description: Self Report? Citation: Description: Self Report? Citation: Classification: Minor no For Informational Purposes Only 30 TAC Chapter 319, SubChapter A 319.11(a) 30 TAC Chapter 319, SubChapter A 319.11(b} Monitoring and Reporting 2. PERMIT Failed to ensure test procedures for the analysis of pollutants comply with procedures specified in 30 TAC 31911-31912. Classification: Minor NO For Informational Purposes Only 30 TAC Chapter 319, SubChapter A 319.6 30 TAC Chapter 319, SubChapter A 319.9(d) Monitoring and Reporting 1. PERMIT Failed to conduct effluent sampling and reporting in accordance with 30 TAC 3194-31912. Classification: Moderate no For Informational Purposes Only 30 TAC Chapter 305, SubChapter 305.125(1) Effluent Limitations 2. PERMIT Failed to ensure the pH at outfall 011 shall not be less than 6.0 standard units nor greater than 9.0 standard units. Classification: Moderate no For Informational Purposes Only 30 TAC Chapter 305, SubChapter 305.1250) 15 16 1? 18 19 Limitations 1. PERMIT Description: Failed to comply with permitted effluent limitations for outfall 201. Classification: Moderate Self Report? no For Informational Purposes Only Citation: 30 TAC Chapter 305, SubChapter 305-125(1) Effluent Limitations 1. PERMIT Description: Failed to comply with permitted effluent limitations for outfall 001. Classification: Moderate Self Report? no For Informational Purposes Only Citation: 30 TAC Chapter 305, SubChaptEr 305.125?) Effluent Limitations and Monitoring 1. PERMIT Description: Failed to monitor discharges 1/day for the duration of the flow at Outfall 011 for all effluent characteristics. Classification: Moderate so? Report? NC) For Informational Pu rposes Only Citation: 30 TAC Chapter 305, SubChapter 305.125?) 30 TAC Chapter 305, SubChapter 305.125(5) Operational Requirements 1. PERMIT Description: Failed to all times aneure that the facility and all of its systems of collection, treatment, and diaposal are properly operated and maintained. Date: 08f31/2014 (1206975) Classification: Moderate Self Report? res Informational PU Only Citation: 2D TWC Chapter 26, SubChapter A 26.121fa) 30 TAC Chapter 305, SubChapter 305.125i1) Description: Failure to meet the limit for one or more permit parameter Date: 09/30/2014 (1213335) Classification: Moderate Self Report? Yes For Informational Pu rposes Only Citation: 2D TWC Chapter 25, SubChapter A 26.121(a) 30 TAC Chapter 305, SubChapter 305.125(1) Description: Failure to meet the limit for one or more permit parameter Date: 10/31/2014 (1219640) Classification: Moderate oer Report? was For Informational Pu rposes Only Citation: 2D TWC Chapter 26, SubChapter A 26.121ia) 30 TAC Chapter 305, SubChapter 305.125(1) Description: Failure to meet the limit for one or more permit parameter Date: 04/06f2015 (1239944) Classification: Minor oer Report? no For Informational Purposes Only Citation: 30 TAC Chapter 116, SubChapter 115.115(c) 30 TAC Chapter 122, SubChapter 122.143(4) 40 CFR Chapter 60, SubChapter C, PT 60, A 5C THSC Chapter 332 3B2.085(b) Special Conditions PERMIT Special Terms 8: Conditions No. 4E OP Description: Failure to submit Compliance Test Report by the required due date. Date: (1230009) Classification: Moderate so? Report? NO For Informational Purposes Only Citation: 8i SCI PA 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter El 116.115(c) 5C THSC Chapter 332 382.085(b) Description: Failure to prevent unauthorized emissions to the atmosphere during an emission event, Incident No. 208513, that occurred on January 13, 2015. Specifically, Formosa Point Comfort Plant released 616.95 of 1,3rButadiene, 64?.95 of Benzene, 103.36 of Acetylene, 10,339.20 of Carbon Monoxide, 1,430.63 Nitrogen Monoxide, 502.24 of Xylene and 12,694.13 of various regulated air contaminants from Emission Point Number (EPN) 1067. The event lasted for 12 hours 4 minutes and wa Date: 06/292015 (1242456) Classification: Moderate Self Report? no For Informational Purposes Only Citation: 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC ChaptEr 116, SubChapter 116.115(c) 5C THSC Chapter 382 38208503) SC No. 1 PERMIT Description: Failure to prevent unauthorized emissions to the atmosphere during an emissions event that ocwrred on July 2014, TCEQ Incident No. 201214. Specifically, Formosa Plastics Corporation, Texas released 13,147.13 pounds (lbs) of Butene and 11,4184 lbs. of Ethylene into the atmosphere due to an avoidable event. Date: 06/30/2015 (1278093) Classification: Moderate Self Report? was For Informational Pu rposes Only Citation: 2D TWC Chapter 26, SubChapter A 25.121(a) 30 TAC Chapter 305, SubChapter 305.125(1) Description: Failure to meet the limit for one or more permit parameter Date: 02/30/2015 (1266034) Classification: Moderate sat Report? NC) For Informational Purposes Only Citation: 30 TAC Chapter 101, SubChapter A 101.208) 30 TAC Chapter 116, SubChapter 8 116.115(c) 30 TAC Chapter 122, SubChapter 122.143(4) 5C THSC Chapter 332 38208503PERMIT Description: Failure to equip each open?ended valve or line with a cap, blind flange, plug, or 566009 valve. Specifically, Fermosa Plastics Corporation, Texas discovered in the Oiefins Plant five open-ended lines on September 12, 2013 and eight open-ended lines on August 1, 2013. Date: 03/11/2015 (1268724) Classification: Minor Self Report? NO For Informational Purposes Only Citation: 30 TAC Chapter 122, SubChapter 12214304) 30 TAC Chapter 122, SubChapter 5C THSC Chapter 382 382.085(b) GC OP Description: Failure to include all instances of deviations in the six-month deviation report. Specifically, Formosa Plastics Corporation, Texas omitted one deviation for the reporting period of October 19, 2013 to April 18, 2014 and one deviation for the reporting period of April 19, 2014 to October 13, 2014. Classification: Minor sot Report? ND For Informational Purposes Only Citation: 30 TAC Chapter 122, SubChapter 122.143(4) 30 TAC Chapter 122, SubChapter El 5C THSC Chapter 382 382.085(b) SC 14 DP Description: Failure to submit a complete and accurate annual compliance certification. Specifically, Formosa Plastics Corporation, Texas omitted one deviation on a six-month deviation report (October 19, 2013 to April 18, 2014) associated with a prior annual compliance certification that encompassed the period of April 19, 2013 to April 18, 2014. Date: 03/13/2015 (1259339) Classification: Moderate Self Report? no For Informational Purposes Only Citation: 30 TAC Chapter 116, SubChapter 116.115(c} 30 TAC Chapter 122, SubChapter 8 12214304) 5C THSC Chapter 382 332.035(b) SC 1 PERMIT 25* 26* 28* 29* 3 OP Description: Failure to prevent unauthorized emissions to the atmosphere during an emission event which occurred on October 29, 2014, TCEQ Incident No. 205379. Specifically, Formosa released 14.6372 pounds (lbs) of ethylene dichloride, 2.73320 lbs. of VCM, and 0.94020 lbs. of hydrochloric acid. The unauthorized release was the re5ult of a leak on the VC-401G Inlet line. Date: 09/11/2015 (12?2655) Classification: Moderate Self Report? so For Informational Pu rposes Only Citation: 20 TWC Chapter 25, SubChapter A 30 TAC Chapter 305, SubChapter 305.125(4) Permit Conditions; Fig.7 PERMIT Failed to prevent the unauthorized discharge of sewage, municipal waste, recreational waste, agricultural waste, or Industrial waste Into or adjacent to any water in the state. Classification: Moderate Self Report? NO For Informational Purposes Only Citation: 30 TAC Chapter 305, SubChapter 305.125(1) 30 TAC Chapter 305, SubChaptEr 305.1256?) Noncompliance Notification; Pg. 5 PERMIT Destription: Failed to report any noncompliance which may endanger human health or safety, or the environment in accordance with 30 TAC 305.125 (9). Date: 05/13/2016 (1313144) Classification: Moderate Self Report? no For Informational Purposes Only Citation: 30 TAC Chapter 305, SubChapter 305.125?) Eff. Limits and Monitoring No. 3 PERMIT Description: Failed to prevent the unauthorized discharge of floating solids or visible foam in other than trace amounts and no discharge of visible oil. Date: 05/27/2016 (1329126) Classification: Moderate Self Report? NO For Informational Purposes Only Citation: 30 TAC Chapter 101, SubChapter A 101.208) 30 TAC Chapter 116, SubChapter 115.115(c) 30 TAC Chapter 122, SubChapter 122.143i4) SC THSC Chapter 382 382.035(PERMIT Description: Failure to conduct monitoring for 1100 (volatile organic compounds) associated with the EDC (ethylene dichloride) Plant cooling tower water. Specifically, the Formosa Point Comfort Plant failed to conduct the requisite monitoring for June 2015. Date: 06/24/2016 (1330047) Classification: Minor Self Report? no For Informational Purposes Only Citation: 30 TAC Chapter 122, SubChapter 5C THSC Chapter 382 38203503) FOP 03409 GTC OP Description: Failure to report all intances of deviations, the probable cause of the deviations, and any corrective actions or preventative measures taken for each emission unit addressed in the permit. Date: 07/28/2015 (1283004) Classification: Moderate Self Report? no For Informational Purposes Only Citation: 30 TAC Chapter 101, SubChapter A 101.200) 30 TAC Chapter 116, SubChapter Ei 116.115ic) 30 TAC Chapter 122, SubChapter 122.143(4) 5C TH SC Chapter 382 382.085(b) FOP 0-1957 STC {10) DP NSR 19201 Bi SC (21) (B) PERMIT Description: Failure to drain remaining liquids into a closed vessel during maintenance, startup, and shutdown activities. Classification: Moderate Self Report? N0 For Informational Pu rposes Only Citation: 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122, SubChapter 122.143(4) 5C THSC Chapter 382 38106503) FOP 0-1957 STC (10) OF NSR 19201 81 SC PERMIT Description: Failure to prevent unauthorized emissions to the atmOSphere during a non?reportable emission event that occurred on April 23, 2015. Classification: Moderate Self Report? NO For Informational Pu rposes Only Citation: 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122, SubChapter 1221-4304) 40 CFR Chapter 63, SuoChapter C, PT 63, 63.2535 5C THSC Chapter 332 332.035(b) FOP 01957 (STC) (10) DP NSR 19201 Bi. (SC) (11) (D) PERMIT Description: Failure to conduct an annual floating roof seal inspection. Classification: Moderate Self Report? NC For Informational Purposes Only Citation: 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122, SubChapter 122.143I4) 40 CFR Chapter 63, SuhChapter C, PT 63, 63.2535 5C THSC Chapter 362 382.085Ib) FOP 0195'? (STC) (10) DP NSR 19201 at 9500:1232 (so) (11) PERMIT Description: Failure to conduct an annual floating roof seal inspection. Classification: Moderate Self Report? NC For Informational Pu rposes Only Citation: 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122, SubChapter 12214304) 40 CFR Chapter 63, Sub-Chapter C, PT 63, 63.2535 5c Chapter 382 aazoasrb) FOP 0195? (ETC) (10) GP NSR 19201 81 (SC) (11) (D) PERMIT Description: Failure to conduct an annual floating roof seal Inspection. Classification: Moderate Self Report? no For Informational Pu rposes Only Citation: 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter a 116.115(c) 30 TAC Chapter 122, SuhChapter 12214304) 40 CFR. Chapter 63, SubChapter C, PT 63, 63.2535 5C THSC Chapter 382 38208503) FOP 01957 (ETC) (10) OF NSR 19201 61 (SC) (11) (D) PERMIT Description: Failure to conduct an annual floating roof seal inspection. Classification: Moderate Self Report? NO For Informational Purposes Only Citation: 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122. SubChapter 122.143(4) 40 CFR Chapter 63, SubChapIEr C, PT 63, 63.2535 5C THSC Chapter 332 36206503) FOP 0195? (10) OP NSR 19201 81 (SC) (11) (D) PERMIT Description: Failure to conduct an annual floating roof seal Inspection. Classification: Moderate Self Report? NO For Informational Purposes Only Citation: 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter El 11611502) 30 TAC Chapter 122, SubChapter 12214304) 40 CFR Chapter 63. SubChapter C, PT 63, 63.2535 5C THSC Chapter 332 38203503) 30* 31* Description: Self Report? Citation: Description: FOP 01957 (ETC) (10) DP nae 19201 a PsoTx1232 (SC) (11) PERMIT Failure to conduct an annual floating roof seal inspection. Classification: Moderate no For Informational Purposes Only 30 TAC Chapter 101, SubChapter A 101.20{3) 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122, SubChapter 12214304) 40 CFR Chapter 63, SubChapter C, PT 63, 63.2535 5C THSC Chapter 382 382.085(b) FOP 01957 (STC) (10) DP NSR 19201 a PsoTx1232 (SC) (3) PERMIT Failure to conduct a 10 year and an annual floating roof seal inspection. Date: 03/05/2016 {1349122) Self Report? Citation: Description: Self Report? Citation: Description: Classi?cation: Moderate no For Informational Purposes Only 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 116.115(c} 30 TAC Chapter 122, SuoChapter 122.143I4) 5C THSC Chapter 382 382.085(PERMIT Failure to comply with permit limitations regarding the six minute, average firebox chamber temperature for the Regenerative Thermal Oxidizer. Classification: Moderate no For Informational Purposes Only 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122, SubChapter 122.143(4) SC THSC Chapter 382 38203503PERMIT Failure to comply with permit limitations regarding the hourly average exhaust oxygen concentration for the Regenerative Thermal Oxidizer. Date: 03/19?2016 (1351343) Self Report? Citation: Description: Self Report? Citation: Description 1 Self Report? CitatiOn: Description: Self Report? Classification: Moderate no For Informational Purposes Only 30 TAC Chapter 122, SubChapter 12214304) 30 TAC Chapter 122, SubChapter 5C THSC Chapter 382 382.085(b) General Terms and Conditions OP Failure to report all instances of deviations as required. Classification: Moderate NO For Informational Purposes Only 30 TAC Chapter 101, SubChapter A 101.200.) 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 111, SubChapter A 30 TAC Chapter 116, SubChapter El 116.115(c) 40 CFR Chapter 60, SubChapter C, PT 60, A 5C THSC Chapter 382 38208503 PERMIT Failure to comply with regulatory requirements for visible emissions from flares. Classification: Moderate no For Informational Pu rposes Only 30 TAC Chapter 101, SubChapter A 101.208) 30 TAC Chapter 116, SubChapter 116.115(c) 5C THSC Chapter 382 382.085(b) SC No. 14 DP EC No. 26A PERMIT Failure to submit a certification test report within 30 days of completion of the monitor certification test. 1 CIaSSification: Moderate NO For Informational Purposes Only 32* 33 34 35 Citation: 30 TAC Chapter 101. SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 116.115(c) 5C THSC Chapter 382 33208503PERMIT Description: Failure to maintain carbon monoxide (CO) emissions within permitted limits. Date: 08(30/2016 (1357100) Classification: Minor oer Report? NC For Informational Purposes Only Citation: 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122, SuhChapter 12214304) 5C THSC Chapter 332 382.085(b) SC No. 14 PERMIT STC No. 11 OP Description: Failure to conduct weekly VOC (volatile organic compound) sampling of polymer production. Date: 10/24/?2016 (1358247) . Classi?cation: Minor oer Report? no For Informational Purposes Only Citation: 30 TAC Chapter 305, SubChapter 305.1250) 30 TAC Chapter 319, SubChapter A 319.11(c) Monitoring and Reporting; Pg. 4 PERMIT Description: Failed to properly analyze ef?uent samples. Date: 12/15/2016 {1376083) Classification: Moderate oer Report? NO For Informational Purposes Only Citation: 30 TAC Chapter 101, SubChapter A 101.20{3) 30 TAC Chapter 116, SubChapter 116.115(c) 5C THSC Chapter 382 seaoasw) FOP 0P NSR PERMIT PSD PERMIT Description: Failure to comply with special conditions of NSR Permit No. 19198. Specifically, on eleven instances from April 25, 2015 through October 7, 2015, Thermal Oxidizer (EPN RT0221) did not meet the minimum temperature requirements as par deviation item nos. 13 through 24. Date: 12/16/2016 (13?0809) Classification: Mi nor Self Report? yes For Informational Purposes Only Citation: 30 TAC Chapter 122, SubChapter 122.143(4) 30 TAC Chapter 122. SubChapter 122.145(2) SC THSC ChaptEr 332 38208503) FOP OP Description: Failure to report all instances of deviations as required. Specifically on February 25, 2016, Formosa Point Comfort Plant submitted a deviation report, for compliance period July 27, 2015 to January 26, 2016, that did not list all instances of deviation. Classification: Moderate Self Report? Yes For Informational Purposes Only Citation: 30 TAC Chapter 101, SubChapter A 101.20 30 TAC Chapter 111, SuoChapter A 30 TAC Chapter 116, SubChapter 11511502) 30 TAC Chapter 122, SubChapter 122.143(4) 40 CFR Chapter 63, SubChapter C, PT 63, A 5C THSC Chapter 382 332.035(b) FOP OP NSR PERMIT Pormit PERMIT Description: Failure to comply with regulatory requirements for visible emissions from flares. Specifically, on May 21, 2016, Formosa Point Comfort Plant experienced a smoking flare for longer than 5 minutes from the Olefins 1 Flare (EPN 1013). Classification: Moderate 36 37 38 39 Self Report? was For Informational Pu rposes Only Citation: 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC Chapter 116, SubChapter 116.115(c) 30 TAC Chapter 122, SubChapter El 12214304) Chapter 382 382.035(b) FOP OP NSR PERMIT Parmit PERMIT Description: Failure to comply with special conditions of NSR Permit No. 19168. Specifically, on 14, 2015 through April 4, 2016, vapor combustor (EPN 1051) did not meet the minimum temperature requirements. Classification: Moderate Self Report? Yes For Informational Purposes Only Citation: 30 TAC Chapter 101, SubChapter A 101.20(3) 30 TAC ChaptEr 116, SubChapter 116.115(c) 30 TAC Chapter 122, SubChapter 122.1430!) 5C THSC Chapter 382 382.085(b) FOP OP NSR PERMIT Permit PERMIT Description: Failure to maintain pilot flame on Olefins 2 flare (EPN 1067). Specifically on November 7, 2015 and December 7, 2015, an elevated steam flow resulted in the pilot flame to extinguish. Date: 01/20/2017 (1383524) Classification: Minor Self Report? NC) For Informational Purposes Only Citation: 30 TAC Chapter 122, SubChapter 122.143(4) 30 TAC Chapter 122, SubChapter 122.145(2) 5C THSC Chapter 382 382.085(b) FOP or Description: Failure to report all instances of deviation as required. Specifically, on March 15, 2017, Formosa Point Comfort Plant submitted a deviation report, for compliance period August 15, 2015 to February 14, 2016, which did not list all instances of deviation. Date: Oil/31.001? (1405182) Classification Moderate Self Report? YES For Informational Pu rposes Only Citation: 2D TWC Chapter 26, SubChapter A 26.121(a) 30 TAC Chapter 305, SubChapter 305.125(1) Failure to meet the limit for one or more permit parameter Date: {1403182} Classification: Moderate Self Report? NO For Informational Purposes Only Citation: 30 TAC Chapter 101, SubChaptEr A 101.20(3) 30 TAC Chapter 116, SubChapter 30 TAC Chapter 116, SubChapter 116.115(c) 5C THSC Chapter 382 382.085(b} NSR PERMIT PSD PERMIT Description: Failure to prevent unauthorized emissions to the atmosphere during an emissions event that was discovered on November 11, 2016, TCEQ/Steers Incident No. 246882. Specifically, Formosa Plastics Corporation Texas released unauthorized emissions in the amount of 93 of vinyl chloride monomer (VCM) from Emissions Point Number (EPN) [102-1. The event lasted for 4 minutes. Permit No. 7699's 1.79 lb/l'ir limit for EPN 007-1(as noted on the MAERT) was exceeded. The unauthorized release was the result of Date: (Elli/201? [1403365) Classification: Moderate Self Report? YES For Informational Pu rposes Only Citation: 3o Chapter 116, SubChapter a 30 TAC Chapter 116, SubChapter El 116.115(c) 5C THSC Chapter 382 33208503] NSR PERMIT Description: Failure to prevent unauthorized emissions to the atmosphere during an emissions event that was discovered on October 5, 2016, TCEQ/Steers IncidEnt No. 245104. Specifically, Formosa Plastics Corporation Texas released unauthorized emissions in the amount of 12.26 of Chlorine from Emissions Point Number (EPN) 2FUG. The event lasted for 10 minutes. Permit No. 1916??s 0.44 lb/hr limit for EPN 2FUG (as noted on the MAERT) was exceeded. The unauthorized release was the result of poor operation and NOVs applicable for the Compliance History rating period 9(1/2011 to Appendix All Investigations Conducted During Component Period May 17, 2012 and May 17, 2017 Item 1* Item 2* Item 3 Item 4* Item 5* Item 6* Item 2 Item Item 9* Item 10* Item 11* Item 12* Item 13* Item 14* Item 15 Item 16 Item 17* (1017573) May 13,2012? For Informational Purposes Only (1007512) May 21, 1012? For Informational Purposes Only (1007651) May 25, 2012" For Informational Purposes Only (1007432) May 29, 2012? For Informational Purposes Only (1009196) June 06, 2011? For Informational Purposes Only (1025374) June 19, 2012? For Informational Purposes Only (1001986) July 06, 2012M For Informational Purposes Only (1015932) July 11, 2012? For Informational Purposes Only (1019513) July 16, 2012? For Informational Purposes Only (1020550) July 17, 2012? For Informational Purposes Only (1032714) July 19, 2012? For Informational Purposes Only (102105?) July 24, 2012? For Informational Purposes Only (1021212) July 25, 2012? For Informational Purposes Only (1023964) August 14,2012? For Informational Purposes Only (1023003) August 16,2012? For Informational Purposes Only (1023063) August21,2012** For Informational Purposes Only (1029127) August 31, 2012M For Informational Purposes Only (1030112) Item 18* Item 19* Item 20"? Item 21* Item 22* Item 23* Item 24* Item 25* Item 26* Item Item 28* Item 29* Item 30* Item 31 Item 32* Item 33* Item 34* Item 35* Item 36* Item 337* Item 38* Item 39* September 05, Informational Purposes OHIY (1030373) September 07, 2012**For Informational Purposes Only (1043094) September1?, 2012**For Informational Purposes Only (1035148) September 26,2012**F0r Informational PUFPOSES Only (1036121) October 03, 2012" For Informational Purposes Only (1036379) October 04, 2012? For Informational Purposes Only (1036010) October 09, For Informational Purposes Only (1036253) October17,2012** For Informational Purposes Only (1042199) November01,2012M For Informational Purposes Only (1043090) November 2012? For Informational Purposes Only (1043172) November 15, 2012" For Informational Purposes Only (1044503) November 16, 2012M For Informational Purposes Only (1045943) December 04, 2012? For Informational Purposes Only (1051220) December 17, 2012*: For Informational Purposes Only (1051540) December 13, 2012? For Informational Purposes Only (1052834) January 03, 2013? For Informational Purposes Only (1052054) January 10, 2013? For Informational Purposes Only (1031491) January 13, 2013? For Informational Purposes Only (1050922) - January 23, 2013? For Informational Purposes Only (1055116) January 29, 2013? For Informational Purposes Only (1031490) February 20, 2013" For Informational Purposes Only (1060409) February 20. 2013? For Informational Purposes Only Item 40* Item 41* Item 42* Item 43* Item 44 Item 45* ItEm 46 Item 47"? Item 48* Item 49 Item 50* Item 51* Item 52* Item 53 Item 54 Item 55* Item 56* Item 57 Item 58* Item 59* Item 60* March 18, 2013?? March 19, 2013*? March 26, 2013?? April 08, 2013??[ April 19, 2013?? April 30, 2013** May 03, 2013? May16,2o13** May 20, 2013" June 11, 2013'? June 20, 2013'? July 18, 2013M July 24, 2013?? August 05, 2013W August 13, 20131W August 16, 2013? August 20, 2013'? (1075185) For Informational Purposes Only (1090532) For Informational Purposes Only (1075?34) For Informational Purposes Only (1073136) For Informational Purposes Only (1096383) For Informational Purposes Only (1036853) For Informational Purposes Only (1085343) For Informational Purposes Only (1088445) For Informational Purposes Only (1107847) For Informational Purposes Only (1094931) For Informational Purposes Only (1111479) For Informational Purposes Only (1118381) For Informational Purposes Only (1103494) For Informational Purposes Only (1100038) For Informational Purposes Only (1105313) For Informational Purposes Only (1114119) For Informational Purposes Only (11261?? For Informational Purposes Only (1116519) September 19, 201344For Informational Purposes Only (11225?1) October 03, 2013? For Informational Purposes Only (1123071) October09,2013** For Informational Purposes Only (1136489) October18,2013** For Informational Purposes Only - Item 61* Item 62 Item 63* Item 64* Item 65* Item 66* Item 61?? Item 68 Item 69* Item 70 Item 71* Item 72 Item Item 74* Item 75 Item 7?6 Item 77 Item 78* Item 79 Item 80* Item 81 (1141373) November 20, 2013? For Informational Purposes Only (1143338) December 13, 21113? For Informational Purposes Only January 2014?? January 17, 2014??= February 19, 2014*? March 20, 201411?" May 05, 2014? May 12, 2014?? May 20, 2014" May 22, 2014** June 04, 2014? June 18, 2014*? June 20, 2014? August 01. 2014?? August 06, 2014?? August 19, 2014? August 21, 2014** August 28, 2014? (1133745) For Informational Purposes Only (1154408) For Informational Purposes Only (1161?34) For Informational Purposes Only (1163353) For Informational Purposes Only (1175522) For Informational Purposes Only (1152561) For Informational Purposes Only (1165018) For Informational Purposes Only (1181716) For Informational Purposes Only (117'0801) For Informational Purposes Only (1170749) For Informational Purposes Only (1152390) For Informational Purposes Only (1117453) For Informational Purposes Only (1200371) For Informational Purposes Only (1135295) For Informational Purposes Only (1174112) For Informational Purposes Only (12003?2) For Informational Purposes Only (1159303) For Informational Purposes Only (1185547) For Informational Purposes Only (12069.75) September 19, Informational Purposes only (1197116) Item 82 Item 83* Item 84* Item 85* Item 86* Item 87* Item 38* Item 89* Item 90 Item 91* Item 92* Item 93* Item 94 Item 95* Item 96 Item 9? Item 98 Item 99 Item 100* Item 101* Item 102 October 17, 2014? For Informational Purposes Only (1197147) November 20, 2014? For Informational Purposes Only (122542?) December 2014? For Informational Purposes OHIY (1215232) January 02, 2015? For Informational Purposes Only (1232354) January 20, 2015? For Informational Purposes Only (1243440) February 20, 2015? For Informational Purposes Only (1249306) March 20, 2015? For Informational Purposes Only (1229221) April 14,2015? For Informational Purposes Only (1230009) April 15,2015? For Informational Purposes Only (1256688) April 20, 2015? For Informational Purposes Only (1263443) 2015? For Informational Purposes Only (1247109) June 19, 2015*? For Informational Purposes Only (1247456) June 25, 2015" For Informational Purposes Only (1260885) July 01, 2015? For Informational Purposes Only (1273093) July 20,2015? Informational Purposes OHIY (1268724) August11,2015** For Informational Purposes Only (1266034) August 12, 1015? For Informational Purposes Only (1259389) August 18. 2015? For Informational Purposes Only (1284283) August 20. 2015? For Informational Purposes Only (1273726) August 21,2015? For Informational Purposes Only (1273329) For Informational Purposes Only (1267411) August 24, 2015'? Item 103 Item 104* Item 105* Hen1103* Item 109* Item 110* Hen1111* Item 112* nen1113* nen1114* Item 115* Item 116 Item 117* Henilla Hen1119* Item 120* Hon1121 Iten1122* nen1123 item 124 August 25, 2015? For Informational Purposes Only (1274914) August31,2015** For Informational Purposes Only (1291433) September 18, 2015**For Informational Purposes Only (1297613) October20,2015** For Informational Purposes Only (1231961) October 26, 2o1s** For Informational Purposes Only (1303054) November 13, 2015? For Informational Purposes Only (1310041) December 18, 2015" For Informational Purposes Only (1316808) January 20, 2016" For Informational Purposes Only (1307052) February 18, 2015? For Informational Purposes Only (1326163) February 19, 2015? For Informational Purposes Only (1314261) March 16.120413M For Informational Purposes Only (1332926) March 18,2016? For Informational Purposes Only (1340059) For Informational Purposes Only (1204144) May 16, 2015" For Informational Purposes Only (1345372) May 20, 2015? For Informational Purposes Only (1329126) Mav31, 2016? For Informational Purposes Only (1337771) June 14,2016? For Informational Purposes Only (1353308) June 20, 201544 For Informational Purposes Only (1330047) June24,2016** For Informational Purposes Only (1360272) July 20, 2016? For Informational Purposes Only (1233004) July 28,2016? For Informational Purposes Only (1349122) Augustus, 2015? For Informational Purposes Only Item 125 Item 126* Item 127 Item 123* Item 129* Item 130* Item Item 132m Item 133* Item 134* Item 135 Item 136 Item 137* Item 133 Item 139 Item 140* Item 141* Item 142* Item 143* Item 144'? Item 145* August19,2016** August 26, 2016? August 30, 20 16" September 14, 2016 September 20, 2016 September 22, 2016 October 20, 2016 November 18, 2016 December 02, 2016 December 09, 2016 December 15, 2016 December 16, 2016 January 03, 2017 January 20, 201? February 2017 February 27, 201? February 28, 2017 March 06, 2017 March 20, 2017 April 11, 2017 April 14, 2017 (1351348) For Informational Purposes Only (1338768) For Informational Purposes Only (1357100) For Informational Purposes Only (1353330) For Informational Purposes Only (1373413) For Informational Purposes Only (1356437) For Informational Purposes Only (1379589) For Informational Purposes Only (1385536) For Informational Purposes Only (1363501) For Informational Purposes Only (1362459) For Informational Purposes Only (1326083) For Informational Purposes Only (1370809) For Informational Purposes Only (1381671) For Informational Purposes Only (1383574) For Informational Purposes Only (1405132) For Informational Purposes Only (1395749) For Informational Purposes Only (1395530) For Informational Purposes Only (1394836) For Informational Purposes Only (1412266) For Informational Purposes Only (1395497) For Informational Purposes Only (1396534) For Informational Purposes Only (1407583) Item 146 Aprll17, 2017 For Informational Purposes Only (1403182) Item 147 April 13, 2017 For Informational Purposes Only {1400665) Item 148 May 01, 2017 For Informational Purposes Only (1403865) Item 149 May 12, 2017 For Informational Purposes Only No violations documented during this investigation ?Investigation applicable f0r the Compliance History Rating period between 09/01/2011 and 08/31/2016. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY LN THE MATTER OF AN BEFORE THE ENFORCEMENT ACTION CONCERNING FORMOSA UTILITY VENTURE, TEXAS COMMISSION ON LTD. AND PLASTICS CORPORATION, TEXAS RN100218973 ENVIRONMENTAL QUALITY AGREED ORDER DOCKET NO. 2017-0737-IWD-E On the Texas Commission on Environmental Quality ("the Commission" or considered this agreement of the parties, resolving an enforcement action regarding FORMOSA UTILITY VENTURE, LTD. and FORMOSA PLASTICS CORPORATION, TEXAS (the "Respondents") under the authority of TEX. WATER CODE chs. 7 and 26. The Execu?ve Director of the TCEQ, through the Enforcement Division, and the Respondents presented this Order to the Commission. The Respondents understand that they have certain procedural rights at certain points in the enforcement process, including the right to formal notice of violations, notice of an evidentiary hearing, the right to an e?uridet'itiaryr hearing, and a right to appeal. By entering into this Order, the Respondents agree to waive all notice and procedural rights. It is further understood and agreed that this Order represents the complete and fully-integrated agreement of the parties. The provisions of this Order are deemed severahle and, if a court of competent jurisdiction or other appropriate authority deems any provision of this Order unenforceable, the remaining provisions shall be valid and enforceable. The duties and responsibilities imposed by this Order are binding upon the Respondents. The Commission makes the following Findings of Fact and Conclusions of Law: I. FINDINGS OF FACT 1. The Reapondents own and operate a manufacturing facility located at 201 Formosa Drive, one mile north of the intersection of State Highway 35 and Farm?to-Market Road 1593, northeast of Point Comfort, Calhoun County, Texas (the "Facility"). The Facility is near or adjacent to water in the state as defined in TEX. WATER CODE 2. During a record review conducted on April 4, 2017, an investigator documented that: a. Plastic pellets were discharged from Outfall Nos. 006, 008, and 009 and were observed ?oating in Cox Creek and embedded in the week's sediment. b. The ?ash Chemical Oxygen Demand Method 8000 analysis was performed with a chloride concentration greater than milligrams per liter when FORMOSA UTILITY VENTURE, LTD. and FORMOSA PLASTICS CORPORATION, TEXAS DOCKET NO. Page 2 the chloride maximum concentration limit for the method is 2,000 mg/ for non- diluted samples and 1,000 mg/ for diluted samples. 3. The Executive Director recognizes that the Respondents have implemented the following corrective measures at the Facility: a. By June 29, 2017, collected and properly disposed of approximately 112,000 pounds of debris and plastic pellets from Lavaca Bay, and approximately 327,000 pounds of debris and plastic pellets from Cox Creek; and b. By July 31, 2017, determined the potential sources of the plastic pellets and implemented a pellet recovery system to minimise future discharges of solids, including plastic pellets from the Facility by installing a cone ?lter, ?oating booms, wedge and gate screens, and gabions. II. CONCLUSIONS OF LAW 1. As evidenced by Finding of Fact N0. 1, the Respondents are subject to the jurisdiction of the TCEQ pursuant to TEX. WATER CODE ch. 26 and the rules of the TCEQ. 2. As evidenced by Finding of Fact No. 2.a, the Respondents failed to prevent the discharge of solids in other than trace amounts into or adjacent to any water in the state, in violation of TEX. WATER. CODE 30 Tux. ADMIN. Cons and TPDES Permit No. WQ0002436000, Ef?uent Limitations and Monitoring Requirements No. 3, Outfall Nos. 006, 003, and 009. 3. As evidenced by Finding of Fact No. 2.b, the Respondents failed to properly analyze ef?uent samples, in violation of 30 Tax. ADMIN. CODE 305.125(1) and 319.11(c) and TPDES Permit No. WQ0002436000, Monitoring and Reporting Requirements No. 2.a. 4. Pursuant to TEX. WATER CODE 7.051, the TCEQ has the authority to assess an . administrative penalty against the Respondents for violations of state statutes within the TCEQ's jurisdiction, for violations of rules adopted under such statutes, or for violations of orders or permits issued under such statutes. 5. An administrative penalty in the amount of $121,875 is justi?ed by the facts recited in this Order, and considered in light of the factors set forth in TEX. Wan-:11 Conn $37053. The Respondents paid the $121,875 penalty. ORDERING PROVISIONS NOW, THEREFORE, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY ORDERS that: 1. The Respondents are assessed a penalty as set forth in Conclusion of Law No. 5 for violations of state statutes and rules of the TCEQ. The payment of this penalty and the Respondents' compliance with all the requirements set forth in this Order resolve only FORMOSA UTILITY VENTURE, LTD. and FORMOSA PLASTICS CORPORATION, TEXAS DOCKET NO. Page 3 the matters set forth by this Order in this action. The Commission shall not be constrained in any manner from requiring corrective actions or penalties for violations that are not raised here. Penalty payments shall be made payable to and shall be sent with the notation "Re: FORM OSA UTILITY VENTURE, LTD. and FORM OSA PLASTICS CORPORATION, TEXAS, Docket No. 2o to: Financial Administration Division, Revenue Operations Section Attention: Cashier's Office, MC 214 Texas Commission on Environmental Quality PO. Box 13088 Austin, Texas 78711-3088 2. The Respondents are jointly and severally liable for the violations documented in this Order, and are jointly and severally liable for timely and satisfactory compliance with all terms and conditions of this Order. 3. The Respondents shall undertake the following technical requirements: al Within 30 days after the effective date of this Order, implement a method to properly analyze ef?uent samples for chemical oxygen demand at the Facility. Within 45 days after the effective date of this Order, submit written noti?cation of compliance with Ordering Provision No. 3.a, in accordance with Ordering Provision No. 3.e. Within 60 days after the effective date of this Order and on a semi-annual basis thereafter, conduct a comprehensive evaluation of the Facility, Cox Creek, and Lavaca Bay, and remove and properly dispose of any discharged solids, including plastic pellets found during the evaluation of Cox Creek or Lavaca Bay and any pellet loss found during the evaluation of the Facility. Document the evaluation of each location and the resulting removal and disposal of any discharged solids, including plastic pellets. Ensure that all records of the evaluations and reSulting removal and disposal are maintained at the Facility and made readily available for review upon request. Within 75 days after the effective date of this Order and on a semi?annual basis thereafter, submit written certi?cation of compliance with Ordering Provision No. 3.c, in accordance with Ordering Provision No. 3.e. The written certification of compliance required by Ordering Provision Nos. 3.b and ad shall include detailed supporting documentation including photographs, receipts, and/or other records to demonstrate compliance. The certi?cation shall be signed by the Respondents and shall include the following certi?cation language: ORMOSA UTILITY VENTURE, LTD. and FORMOSA PLASTICS CORPORATION, TEXAS DOCKET NO. 2017-0737-IWD-E Page 4 certify under penalty of law that I have personally examined and am familiar with the information submitted and all attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate and complete. I am aware that there are signi?cant penalties for submitting false information, including the possibility of ?nes and imprisonment for knowing violations." The certi?cation shall be submitted to: Order Compliance Team Enforcement Division, MC 149A Texas Commission on Environmental Quality P.O. Box 13087 Austin, Texas 78711-3087 with a cepy to: Water Section Manager Corpus Christi Regional Of?ce Texas Commission on Environmental Quality 6300 Ocean Drive, Suite taco Corpus Christi, Texas 784125839 4. All relief not expressly granted in this Order is denied. 5. The duties and provisions imposed by this Order shall apply to and be binding upon the Respondents. The Reapondents are ordered to give notice of this Order to personnel who maintain day-to-day control over the Facility operations referenced in this Order. 6. If the Respondents fail to comply with any of the Ordering Pro?sions in this Order within the prescribed schedules, and that failure is caused solely by an act of God, war, strike, riot, or other catastrophe, the Respondents' failure to comply is not a violation of this Order. The Respondents shall have the burden of establishing to the Executive Director's satisfaction that such an event has occurred. The Respondents shall notify the Executive Director within seven days after the Respondents become aware of a delaying event and shall take all reasonable measures to mitigate and minimize any delay. 7. The Executive Director may grant an extension of any deadline in this Order or in any plan, report, or other document submitted pursuant to this Order, upon a written and substantiated showing of good cause. All requests for extensions by the Respondents shall be made in writing to the Executive Director. Extensions are not effective until the Respondents receive written approval from the Executive Director. The determination of what constitutes good cause rests solely with the Executive Director. Extension requests shall be sent to the Order Compliance Team at the address listed above. FORMOSA UTILITY VENTURE, LTD. and FORMOSA PLASTICS CORPORATION, TEXAS DOCKET NO. Page 5 10. 11. 12. The Executive Director may, without further notice or hearing, refer this matter to the Of?ce of the Attorney General of the State of Texas for further enforcement proceedings if the Executive Director determines that the Respondents have not complied with one or more of the terms in this Order. This Order shall terminate five years from its effective date or upon compliance with all the terms and conditions set forth in this Order, whichever is later. This Order, issued by the Commission, shall not be admissible against the Respondents in a civil proceeding, unless the proceeding is brought by the OAG to: (1) enforce the terms of this Order; or pursue violations of a statute within the Conunission's jurisdiction, or of a rule adopted or an order or permit issued by the Commission under such a statute. This Order may be executed in separate and multiple counterparts, which together shall constitute a single instrument. Any page of this Order may be copied, scanned, digitized, converted to electronic portable document format or otherwise reproduced and may be transmitted by digital or electronic transmission, including but not limited to facsimile transmission and electronic mail. Any signature af?xed to this Order shall constitute an original signature for all purposes and may be used, ?led, substituted, or issued for any purpose for which an original signature could be used. The term "signature" shall include manual signatures and true and accurate reproductions of manual signatures created, executed, endorsed, adopted, or authorized by the person or persons to whom the signatures are attributable. Signatures may be copied or reproduced digitally, electronically, by photocopying, engraving, imprinting, lithographing, electronic mail, facsimile transmission, stamping, or any other means or process which the Executive Director deems acceptable. In this paragraph exclusively, the terms: electronic transmission, owner, person, writing, and written, shall have the meanings assigned to them under TEX. Bus. ORG. Cons 1.002. The effective date of this Order is the date it is signed by the Commission. A copy of this fully executed Order shall be provided to each of the parties. FORMOSA UTILITY VENTURE, LTD. and FORMOSA PLASTICS CORPORATION, TEXAS DOCKET NO. Page 6 SIGNATURE PAGE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY For the Commission Date flu? 1 II For the Executive Director Date I, the undersigned, have read and understand the attached Order. I am authorized to agree to the attached Order, and I do agree to the terms and conditions speci?ed therein. I further acknowledge that the TCEQ, in accepting payment for the penalty amount, is materially relying on such representation. 1 also understand that failure to comply with the Ordering Provisions, if any, in this Order andfor failure to timely pay the penalty amount, may result in: - A negative impact on compliance history; - Greater scrutiny of any permit applications Submitted; Referral of this case to the Attorney General's Of?ce for contempt, injunctive relief, additional penalties, and/ or attorney fees, or to a collection agency; - Increased penalties in any future enforcement actions; - Automatic referral to the Attorney General's Of?ce of any future enforcement actions; and - TCEQ seeking other relief as authorized bylaw. In addition, any falsi?cation of any compliance documents may result in criminal prosecution. cur/w Ag" Signature Date ?ak. ?redviv?m VF /6 Name (Printed or typed) Title . Authorized Representative of FORMOSA UTILITY VENTURE. LTD. Cl mailing address has changed, please check this box and provide the new address below: [84 co/xo/xs Signature Date ?ak Crates; VP/a/l/i Name (Printed or typed) Title Authorized Representative of FORMOSA PLASTICS CORPORATION, TEXAS mailing address has changed, please check this box and provide the new address below: Instructions: Send the original, signed Order with penalty payment to the Financial Administration Division. Revenue Operations Section at the address in Ordering Provision of this Order.