EPA v. HERCULES, INC. et al (FRANKLIN PLANT)

Case summary

On January 10, 2011, EPA approved a Stipulation and Order resolving a civil action for RCRA and CWA claims Eastman Chemical Resins, Inc. (“Eastman”)for violations of Sections 311(b)(3) and 311(j) of the CWA and 3008 of RCRA. The violations relate to the independent chemical manufacturing operations conducted by Hercules, Eastman and GEO at a shared facility, the Hercules Franklin Plant, located in Courtland, Virginia. Specifically, the Complaint against Eastman, which will be filed simultaneously in the Eastern District of Virginia, alleges that Eastman committed the following violations: 1) Deficient SPCC and FRP Plans in violation of 40 C.F.R. Part 112; 2) the failure to implement the FRP due to inadequate oil spill response drills and exercises in violation of 40 C.F.R. § 112.21(a); 3) the unlawful discharge of oil into the Nottoway River, a navigable water, in violation of Section 311(b)(3) of the CWA; 4) Inadequate oil storage tank secondary containment in violation of 40 C.F.R. § 112.7; 5) Inadequate plant lighting in violation of 40 C.F.R. § 112.77(g)(5)(i); The failure to make a hazardous waste determination for waste oil removed from the Facility’s on-site Wastewater Treatment Facility in violation of 40 C.F.R. § 262.11; and the failure to make a Land Disposal Regulation waste determination as required by 40 C.F.R. § 268.7(a). Although EPA initially identified areas of potential injunctive relief, Eastman and the other companies co-located at the Franklin Plant have already taken the desired corrective measures. The United States and Eastman have agreed to settle this matter for a penalty of $272,951.00 for the CWA violations and of $92,548.00 for the RCRA violations, for a total case penalty of $365,500. The Stipulation and Order will be forwarded to DOJ for filing. Upon receipt of payment by Eastman, the United States and Eastman will jointly motion to the court for the dismissal of this matter with prejudice, ultimately resolving Eastman’s liability.

Defendants (4)

• E.I. DUPONT DE NEMOURS AND CO.
• GEO SPECIALTY CHEMICALS, INC.
• EASTMAN CHEMICAL RESINS, INC.Named in complaintNamed in settlement
• HERCULES, INC.

Facilities (1)

• HERCULES INC-FRANKLIN PLANT

  27123 SHADY BROOK TRAIL, COURTLAND, VA, 23837

  Registry ID: 110000499611

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• RCRA 3007A — Inspection, Information Request
• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• CWA 301 — NPDES Discharge without a Permit
• CWA 311J — SPCC and/or Federal Response Plan Violations
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• CWA 311B — Oil & Hazardous Substances Discharge
• CAA 502 — Operating Permits (Title V)

Enforcement conclusions (1)

• EASTMAN CHEMICALS RESINS, INC (FRANKLIN PLANT)entered 2011-01-20

  Primary law: CAA

  Federal penalty: $365,499

Timeline (7 milestones)

• 2007-09-28Referred To Dept Of Justice
• 2007-10-01Enforcement Action Data Entered
• 2008-09-05Supplemental Referral-Adding parties, counts
• 2011-01-13Complaint Filed With Court
• 2011-01-20Final Order Lodged
• 2011-01-20Final Order Entered
• 2011-02-15Enforcement Action Closed