EPA v. NOVA CHEMICALS, INC.

Case summary

On August 30, 2017, the Region III Regional Judicial Officer entered a Consent Agreement and Final Order requiring Nova Chemicals, Inc. located in Monaca, Pennsylvania, to perform extensive injunctive relief for a violation of RCRA regulations that occurred on October 17, 2012. This compliance order was issued under Section 3008(a) of RCRA, 42 U.S.C. 6928(a). Although, EPA did not obtain civil penalties as part of this Final Order, Section 3008(c) of RCRA, 42 U.S.C. 6928(c), provides for the assessment of civil penalties for Respondent?s noncompliance with the compliance order. Nova Chemicals produces expandable styrenic resins for use in the packaging, construction, and food container industries. EPA conducted a compliance evaluation inspection of the facility on September 25, 2013, and began an extensive investigation thereafter. Through a series of information requests and responses exchanged in 2014, EPA learned that on October 12, 2012, Respondent experienced a simultaneous upset in all three of the reactor vessels at the facility used to make styrene. A release of wastewater containing styrene entered Respondent's wastewater treatment system and may have reached an earth-lined lagoon at the facility known as the North Basin. The volatility of styrene made it highly unlikely that any remaining styrene would be found in the North Basin. However, EPA was able to establish that Respondent failed to make a hazardous waste determination during the October 17, 2012 release as required by 40 C.F.R. 262.11. During negotiations to resolve this violation, Nova Chemicals indicated its willingness to revamp its facility to prevent any future RCRA violations that could result from styrene release or release of other hazardous wastes at its Monaca, Pennsylvania Facility. Respondent developed a work plan, to be implemented during 2017 - 2019 at a cost of an estimated $1.6 million to accomplish this goal.

Defendants (1)

• NOVA CHEMICALS, INC.Named in settlement

Facilities (4)

• BVPV STYRENICS LLC - BEAVER CNTY

  400 FRANKFORT RD, MONACA, PA, 15061-2212

  Registry ID: 110059344473

• NOVA CHEMICALS, INC.

  400 FRANKFORT ROAD, MONACA, PA, 150612298

  Registry ID: 110059344473

• NOVA CHEMICALS, INC.

  400 FRANKFORT ROAD, MONACA, PA, 150612298

  Registry ID: 110059344473

• BVPV STYRENICS LLC - BEAVER CNTY

  400 FRANKFORT RD, MONACA, PA, 15061-2212

  Registry ID: 110059344473

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• NOVA CHEMICALS, INC.entered 2017-08-24

  Primary law: RCRA

Timeline (3 milestones)

• 2017-08-24Final Order Issued
• 2017-09-07Enforcement Action Data Entered
• 2019-12-04Enforcement Action Closed