EPA v. ESCO Corporation

Case summary

9/30/05 - NOTICE OF DETERMINATION ISSUED. CAA VIOLATION 1: ESCO DISCOVERED THAT FOR THE YEARS 1997 AND 1998 IT HAD FAILED TO OBTAIN A PERMIT FOR OPERATION OF A SPRAY PAINT BOOTH, AS REQUIRED BY SECTION 401 OF THE KENTUCKY ADMINISTRATIVE REGULATIONS (KAR), CHAPTER 50:035, AND SECTION 110 OF THE CAA. ON OCTOBER 15, 1999, ISCO SUBMITTED A CONSTRUCTION AND OPERATION PERMIT APPLICATION TO THE KY DEPT FOR ENVIRONMENTAL PROTECTION (KDEP). CAA VIOLATION 2(a): ESCO DISCOVERED THAT FOR THE YEARS 1997 AND 1998, IT HAD FAILED TO SUBMIT AN ANNUAL COMPLIANCE CERTIFICATION, AS REQUIRED BY ITS PERMIT, WHICH WAS ISSUED PURSUANT TO SECTION 401 OF THE KAR, CHAPTER 50:035, AND SECTION 110 OF THE CAA. ON OCTOBER 15, 1999, ESCO SUBMITTED TO KDEP A COMPLIANCE CERTIFICATION FOR 1997 AND 1998. CAA VIOLATION 2(b): ESCO DISCOVERED THAT IN 1998 IT USED 1,045 GALLONS OF LACQUER THINNER, WHEN IT WAS LIMITED TO 750 GALLONS PER YEAR UNDER THE TERMS OF ITS PERMIT, WHICH WAS ISSUED PURSUANT TO SECTION 401 OF THE KAR, CHAPTER 50:035, AND SECTION 110 OF THE CAA. ON OCTOBER 15, 1999, ESCO SUBMITTED TO KDEP AN APPLICATION TO MODIFY THE TERMS AND CONDITIONS OF ITS PERMIT. CAA VIOLATION 2(c): ESCO DISCOVERED THAT IN 1998 IT EXCEEDED THE ALLOWABLE PIECES OF EQUIPMENT UTILIZED AT ITS FACILITY UNDER THE TERMS OF ITS PERMIT, WHICH WAS ISSUED PURSUANT TO SECTION 401 OF THE KAR, CHAPTER 50:035, AND SECTION 110 OF THE CAA. ON OCTOBER 15, 1999, ESCO SUBMITTED TO KDEP AN APPLICATION TO MODIFY THE TERMS AND CONDITIONS OF ITS PERMIT TO ACCOUNT FOR INCREASED EQUIPMENT NEEDS AT THE FACILITY. EPCRA VIOLATION 1: ESCO DISCOVERED THAT IT HAD FAILED TO TIMELY SUBMIT MSDSs FOR ARGON, NITROGEN, AND OXYGEN FOR 1998,A ND POSSIBLY FOR PRIOR YEARS TO THE SERC, THE LEPC, AND THE FIRE DEPT WITH JURISDICTION OVER THE FACILITY, AS REQUIREMENT BY SECTION 311 OF EPCRA. ON OCTOBER 20, 1999, ESCO SUBMITTED TO THE APPROPRIATE AGENCIES ITS TIER II REPORTS FOR 1998 AND 1998, FOR THE ABOVE NAMED CHEMICALS, AND THEREBY SATISFIED ITS OBLIGATION UNDER SECTION 311 OF EPCRA TO PROVIDE MSDSs FOR THOSE CHEMICALS. EPCRA VIOLATION 2: ESCO DISCOVERED THAT IT HAD FAILED TO TIMELY SUBMIT A TIER II REPORT FOR ARGON, NITROGEN, AND OXYGEN FOR 1998, AND POSSIBLY FOR PRIOR YEARS, TO THE SERC, THE LEPC, AND THE FIRE DEPT WITH JURISDICTION OVER THE FACILITY, AS REQUIRED BY SECTION 312 OF EPCRA. ON OCTOBER 20, 1999, ESCO SUBMITTED TO THE APPROPRIATE AGENCIES ITS TIER II REPORTS FOR 1997 AND 1998. EPCRA VIOLATION 3: ESCO DISCOVERED THAT IT HAD FAILED TO TIMELY SUBMIT TRI REPORTING FORM Rs FOR COPPER, CHROMIUM, NICKEL, AND MANGANESE, FOR 1998 AND POSSIBLY FOR PRIOR YEARS, TO THE EPA AND THE STATE OF KY, AS REQUIRED BY SECTION 313 OF EPCRA. ON NOVEMBER 4, 1999, ESCO SUBMITTED TO THE APPROPRIATE AGENCIES ITS FORM Rs FOR 1997 AND 1998. RCRA VIOLATION: ESCO DISCOVERED THAT IT HAD FAILED TO INSPECT ITS HAZARDOUS WASTE STORAGE AREA ON A WEEKLY BASIS, AND THAT IT HAD NOT POSED THE NECESSARY EMERGENCY RESPONDER INFORMATION, AS REQUIRED BY SECTION 3002 OF RCRA. ON NOVEMBER 15, 1999, ESCO BEGAN WEEKLY INSPECTIONS OF THE STORAGE AREA, AND POSTED EMERGENCY RESPONDER INFORMATION. CWA VIOLATION 1: ESCO DISCOVERED THAT FOR THE PAST TWO YEARS, IT HAD FAILED TO OBTAIN A STORM WATER PERMIT, AS REQUIRED BY SECTION 301 OF THE CWA. ON OCTOBER 19, 1999, ESCO SUBMITTED A NOTICE OF INTENT TO BE COVERED BY THE KY GENERAL STORMWATER PERMIT, AND DEVELOPED AND IMPLEMENTED A STORM WATER POLLUTION PREVENTION PLAN FOR THE FACILITY. CWA VIOLATION 2: ESCO DISCOVERED THAT IT HAD FAILED TO PREPARE AND IMPLEMENT A GROUNDWATER POLLUTION PREVENTION PLAN AS REQUIRED BY SECTION 402 OF THE CWA. ON OCTOBER 19, 1999, ESCO INCORPORATED GWPPP REQUIREMENTS INTO ITS SWPPP

Defendants (1)

• ESCO CorporationNamed in settlement

Facilities (8)

• ESCO GROUP LLC - COVINGTON

  3792 LAKE PARK DR, COVINGTON, KY, 41017

  Registry ID: 110000379607

• ESCO CORPORATION

  3792 LAKE PARK DR., COVINGTON, KY, 41017

  Registry ID: 110000379607

• ESCO GROUP LLC - COVINGTON

  3792 LAKE PARK DR, COVINGTON, KY, 41017

  Registry ID: 110000379607

• ESCO GROUP LLC - COVINGTON

  3792 LAKE PARK DR, COVINGTON, KY, 41017

  Registry ID: 110000379607

• ESCO CORPORATION

  3792 LAKE PARK DR., COVINGTON, KY, 41017

  Registry ID: 110000379607

• ESCO GROUP LLC - COVINGTON

  3792 LAKE PARK DR, COVINGTON, KY, 41017

  Registry ID: 110000379607

• ESCO CORPORATION

  3792 LAKE PARK DR., COVINGTON, KY, 41017

  Registry ID: 110000379607

• ESCO CORPORATION

  3792 LAKE PARK DR., COVINGTON, KY, 41017

  Registry ID: 110000379607

Statutes cited

• EPCRA 311 — Material Safety Data Sheets (MSDS)
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• CWA 301 — NPDES Discharge without a Permit
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• ESCO Corporationentered 2005-09-30

  Primary law: CAA

Timeline (3 milestones)

• 2005-09-30Enforcement Action Closed
• 2005-09-30Final Order Issued
• 2005-10-13Enforcement Action Data Entered