EPA v. ROHM & HAAS CHEMICALS, LLC

Case summary

NEIC INSPECTION IN 2004 UNCOVERED POTENTIAL VIOLATIONS OF CAA, RCRA, EPCRA, AND CERCLA. THE RCRA VIOLATIONS RELATED TO THE FACLITY'S HAZARDOUS WASTE MANAGEMENT. ROHM & HAAS IS ALLEGED TO HAVE VIOLATED STANDARDS FOR HAZARDOUS WASTE TANK MANAGEMENT, TESTING, MONITORING, TRAINING, AND LAND DISOSAL RESTRICTIONS. ROHM & HAAS FURTHER FAILED TO SUBMIT A FORM 4 REPORT UNDER EPCRA FOR XYLENE AND DID NOT TIMELY REPORT RELEASES OF 1,3-BUTADIENE TO THE NRC IN VIOLATION OF CERCLE. DEFENDANTS: ROHM & HAAS CHEMICALS LIKELY TO BE A DEFENDANT. POSSIBLY ROHM & HAAS COMPANY AS WELL. NATURE OF RELIEF REQUESTED: PENALTIES MAINLY, POSSIBLE INJUNCTIVE RELIEF UNLESS THEY'VE CORRECTED EVERYTHING ALREADY. SPECIAL FACTS OR CIRCUMSTANCES: THIS CASE IS CONSISTENT WITH OTHER RCRA, EPCRA, AND CERCLA CASES. LOCATED IN AN EJ AREA, WHICH WAS THE REASON FOR THE NEIC INSPECTION. CAA REFERRAL SUMMARY: THE VIOLATIONS DESCRIBED IN THIS REFERRAL WERE IDENTIFIED DURING A MULTI-MEDIA COMPLIANCE INVESTIGATION. THE INVESTIGATION WAS CONDUCTED ON JULY 6-15,2004, BY THE NATIONAL ENFORCEMENT INVESTIGATIONS CENTER (NEIC), AT THE REQUEST OF EPA REGION 4. BASED ON NEIC'S INVESTIGATION, THE FOLLOWING VIOLATIONS WERE IDENTIFIED: 1. SECTION 110 (STATE IMPLEMENTATION PLANS FOR NATIONAL PRIMARY AND SECONDARY AMBIENT AIR QUALITY STANDARDS) OF THE CAA, BY VIOLATING SECTIN 182(b) (PLAN PROVISIONS FOR REASONABLE FURTHER PROGRESS) OF THE CAA, AND LOUISVILLE METROPOLITAN AIR POLLUTION CONTROL DISTRICT (APCD) REGULATION 6.43, SECTION 18; 2. SECTION 111 (STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES) OF THE CAA, AND 40 CFR PART 60, SUBPART Db (STANDARDS FOR INDUSTRIAL-COMMERCIAL-INSTITUTIONAL STEAM GENERATING UNITS); 3. SECTION 112 (HAZARDOU AIR POLLUTANTS) OF THE CAA, AND 40 CFR PART 63, SUBPARTS G (SYNTHETIC ORGANIC CHEMICAL MANUFACTURING INDUSTRY), DD (OFF-SITE WASTE AND RECOVERY OPERATIONS) AND JJJ (GROUP IV POLYMERS AND RESINS; AND 4. SECTION 608 (STRATOSPHERIC OZONE PROTECTION) OF THE CAA, AND 40 CFR PART 82, SUBPART F (RECYCLING AND EMISSIONS REDUCTION). DEFENDANT: ROHM & HAAS COMPANY (RHC). RHC IS A SPECIALTY MATERIALS COMPANY, HEADQUARTERED IN PHILADELPHIA, PENNSYLVANIA, WITH ANNUAL SALES REVENUE OF APPROX $7 BILLION. THE LOUISVILLE PLANT WAS ORIGINALLY PART OF A U.S. GOV'T OWNED RUBBER PRODUCTION CENTER, BUILT DURING THE EARLY 1940's. RHC BOUGHT THE PLANT IN 1960 AND RETOOLED IT FOR THE PRODUCTION OF ITS PRODUCTS. AT THE LOUISVILLE FACILITY, RHC MANUFACTURES A VARIETY OF POLYMERS FROM BUTADIENE, STYRENE, METHYL METHACRYLATE, ETHYL ACRYLATE, AND BUTYL ACRYLATE, SOME OF WHICH ARE KNOW CARCINOGENS. IN ADDITION, RHC DISTILLS CRUDE METHYL METHACRYLATE AND MONOMERS FOR USE WITHIN THESE PROCESSES. RELIEF REQUESTED: EPA IS REQUESTING BOTH INJUNCTIVE RELIEF AND PENALTIES FOR THESE VIOLATIONS. THE INJUNCTIVE RELIEF SOUGHT REQUIRES RHC TO DEMONSTRATE COMPLIANCE WITH CERTAIN CAA REQUIREMENTS BY TESTING AND REPAIRING EQUIPMENT AND UPDATING RECORDKEEPING SYSTEMS. EPA WILL WORK WITH DOJ TO DEVELOP AN APPROPRIATE PENALTY CALCULATION; HOWEVER, A PRELIMINARY ANALYSIS INDICATES THAT THE GRAVITY PENALTY IS $940,500. NO SPECIAL FACTS OR CIRCUMSTANCE

Defendants (2)

• ROHM & HAAS COMPANY
• ROHM & HAAS CHEMICALS, LLCNamed in complaintNamed in settlement

Facilities (1)

• ROHM & HAAS COMPANY LOUISVILLE PLANT

  4300 CAMP GROUND RD., LOUISVILLE, KY, 40216

  Registry ID: 110000378555

Statutes cited

• CAA 111 — New Source Performance Standards
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• CAA 608 — National Recycling & Emission Reduction Program
• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• CAA 112 — Hazardous Air Pollutants
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• ROHM & HAAS CHEMICALS, LLC (04-2008-C020)entered 2008-06-12

  Primary law: CAA

  Federal penalty: $35,975 · SEP: $133,671

Timeline (6 milestones)

• 2006-09-26Enforcement Action Data Entered
• 2006-09-26Referred To Dept Of Justice
• 2008-04-15Final Order Lodged
• 2008-04-15Complaint Filed With Court
• 2008-06-12Final Order Entered
• 2008-06-12Concluded