EPA v. NL INDUSTRIES - CIC

Case summary

NATURE OF THE CASE: NL INDUSTRIES VIOLATED PROVISIONS OF THE CONSENT DECREE ENTERED IN THE DISTRICT OF NJ ON 7/22/80 BETWEEN THE US, THE STATE OF NJ, AND NL INDUSTRIES, INC. (CIVIL NO. 80-1015). UNDER THAT DECREE, NL WAS, INTER ALIA, REQUIRED TO REDUCE SULFUR DIOXIDE AND PARTICULATE EMISSIONS FROM CALCINERS BY UPGRADING GAS CLEANING SYSTEMS AT THE CO'S SAYREVILLE, NJ FACILITY. NL WAS REQUIRED TO DEMONSTRATE BY NLT 11/30/80 THAT THE EMISSIONS FROM ALL GAS CLEANING SYSTEMS WERE IN COMPLIANCE WITH THE PARTICULATE AND SULFUR DIOXIDE STANDARDS IN THE NJ STATE IMPLEMENTATION PLAN (TITLE 7, CHAPTER 27, SECTIONS 6.2 AND 7.2 OF THE N.J.A.C.). NL WAS OBLIGATED THEREAFTER TO OPERATE IN COMPLIANCE WITH THESE REGULATIONS. NL DID NOT MAKE THE REQUIRED COMPLIANCE DEMONSTRATION BY THE NOV. 1980 DEADLINE, AND IT OPERATED GAS CLEANING SYSTEMS #1 AND #5 IN AN UNAUTHORIZED MANNER FOR EXTENDED PERIODS BE- TWEEN MAY AND NOV. 1981 WITHOUT HAVING ESTABLISHED COMPLI- ANCE. PROPOSED REMEDY: EPA REGION 2, NJ AND NL REACHED AGREEMENT ON THE GEN- ERAL TERMS OF A CONSENT ORDER TO RESOLVE THIS MATTER. UNDER THE ORDER, NL IS TO PAY $28,500.00 TO EPA AND $16,500.00 TO NJ IN EXCHANGE FOR A RELEASE FOR ANY VIOLATIONS OF THE KEY PROVISIONS OF THE 1980 CONSENT DECREE OCCURRING IN 1981 OR EARLIER. REGION 2'S RECOMMENDATION OF THIS SETTLEMENT RE- FLECTS EQUITIES FAVORING THE CO., INCLUDING 1) EXPENSE IN- CURRED BY NL IN COMPLIANCE TESTING CONDUCTED IN 12 SEPARATE WEEKS FROM NOV. 1980 TO FEB. 1982, 2) THE NATURE OF THE CO'S NONCOMPLIANCE, 3) THE TECHNICAL UNCERTAINTIES ASSOCIATED WITH THE STACK TEST RESULTS AND THE RESULTING DIFFICULTY OF ANY LITIGATION TO COLLECT STIPULATED PENALTIES, 4) THE CO'S SUBSTANTIAL SUCCESS IN REDUCING THE EMISSIONS OF PARTICULATE MATTER AND SULFUR DIOXIDE FROM OTHER EMISSION POINTS AT THE FACILITY AND NL'S PAYMENT OF A SUBSTANTIAL CIVIL PENALTY IN THE ORIGINAL CONSENT DECREE, AND 5) THE CLOSING OF THE SAYREVILLE FACILITY.

Defendants (1)

• NL INDUSTRIESNamed in complaintNamed in settlement

Facilities (2)

• N L CHEMICALS

  CHEVALIER AVE, SAYREVILLE, NJ, 08872

  Registry ID: 110015059648

• N L CHEMICALS

  CHEVALIER AVE, SAYREVILLE, NJ, 08872

  Registry ID: 110015059648

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• NL INDUSTRIES, INC.entered 1985-05-01

  Primary law: CAA

  Federal penalty: $45,000

Timeline (9 milestones)

• 1984-02-02Enforcement Action Data Entered
• 1984-02-10Referred To Headquarters
• 1984-12-04Referred To Dept Of Justice
• 1984-12-14Referred TO U.S. Attorney
• 1985-05-01Final Order Lodged
• 1985-05-01Final Order Entered
• 1985-05-01Complaint Filed With Court
• 1985-05-01Concluded
• 1987-03-03Enforcement Action Closed