EPA v. HEXION SPECIALTY CHEMICALS

Case summary

7/27/10 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $84,600, DUE WITHIN 30 DAYS. ON JULY 15-16, 2008, EPA AND NCDENR CONDUCTED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) AT RESPONDENT'S FACILITY. AT THE TIME OF THE CEI, EPA OBSERVED WASTE PAINT RELATED ITEMS NEAR THE COOLING TOWERS LEFT BY CONTRACTORS WHO HAD BEEN CONDUCTING PAINT MAINTENANCE. HOWEVER, RESPONDENT HAD NOT MADE A HAZARDOUS WASTE DETERMINATION ON THE WASTE PAINT AND WASTE PAINT RELATED ITEMS. EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED 40 CFR 262.11 AND N.C. ADMIN. CODE TIT 15A r. 13A.01017(a). RESPONDENT HAD BEEN STORING 30 CONTAINERS, RANGING IN SIZE BETWEEN 20 AND 30 GALLONS, THAT HAD PREVIOUSLY HELD VANADIUM PENTOXIDE, AN ACUTE HAZARDOUS WASTE, BUT WHICH WERE NOT EMPTY PURSUANT TO 40 CFR 261.7(b)(3)(iii) AND N.C. ADMIN. CODE TIT 15A r. 13A.0106(a), BECAUSE THE CONTAINERS' INNER LINERS HAD NOT BEEN REMOVED. THE 30 CONTAINERS DISCUSSED ABOVE WERE NOT LABELED WITH (1) THE BEGINNING DATE OF ACCUMULATION; OR (2) THE WORDS HAZARDOUS WASTE. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED RCRA SEC 3005 AND N.C. GEN STATE 130A-294 FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 262.34(a)(2)-(3) AND N.C. ADMIN CODE TIT 15A r. 13A.0107(c) CONDITIONS OF THE 40 CFR 262.34(a) PERMIT EXEMPTION. RESPONDENT DID NOT HAVE RECORDS SHOWING THAT IT HAD ATTEMPTED TO MAKE ARRANGEMENTS FOR EMERGENCY SITUATIONS WITH THE LOCAL AUTHORITIES. EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED RCRA 3005 AND N.C. GEN STAT 130A-294 FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 262.34(a)(4) AND N.C. ADMIN CODE TIT 15A r. 13A.0107(c) CONDITION OF THE 40 CFR 262.34(a) PERMIT EXEMPTION BY NOT COMPLYING WITH 40 CFR 265.37. RESPONDENT DID NOT DESCRIBE EVACUATION ROUTES WITHIN THE EVACUATION PLAN PORTION OF THE FACILITY CONTINGENCY PLAN. EPA THEREFORE ALLEGES THAT RESPONDENT HAS VIOLATED RCRA 3005 AND N.C. GEN STAT 130A-294, FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 22.34(a)(4) AND NC ADMIN CODE tit 15A r. 13A.0107(c) CONDITION OF THE 40 CFR 262.34(a) PERMIT EXEMPTION BY NOT COMPLYING WITH 40 CFR 265.52(f). RESPONDENT HAD BEEN STORING THE 30 CONTAINERS OF HAZ WASTE DISCUSSED ABOVE FOR GREATER THAN 90 DAYS. AS A RESULT, RESPONDENT IS AN OPERATOR OF A STORAGE FACILITY AND SUBJECT TO THE PERMIT REQUIREMENTS OF 40 CFR PART 270. EPA ALLEGES THAT RESPONDENT HAS VIOLATED RCRA 3005 AND NC GEN STAT 130A-294, BECAUSE RESPONDENT FAILED TO COMPLY WITH 40 CFR 270 AND NC ADMIN CODE tit 15A r. 13A.0113, BY OPERATING A STORAGE FACILITY WITHOU HAVING INTERIM STATUS OR A PERMIT. RESPONDENT FAILED TO CLOSE A CONTAINER OF HAZ WASTE, WHICH WAS BEING MANAGED AS A SATELLITE ACCUMULATION CONTAINER, LOCATED IN THE QUALITY ASSURANCE LABORATORY, SOLVENT AND GAS ROOM. EPA ALLEGES THAT RESPONDENT HAS VIOLATED RCRA 3005 AND N.C. GEN STAT 130A-294, FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION FOR PERMIT EXEMPTION FOUND AT 40 CFR 262.34(c)(1)(i) AND N.C. ADMIN CODE tit. 15A r. 13A.0107(c), BY NOT COMPLYING WITH 40 CFR 265.173(a).

Defendants (1)

• HEXION SPECIALTY CHEMICALSNamed in complaintNamed in settlement

Facilities (2)

• BAKELITE SYNTHETICS

  333 NEILS EDDY RD, RIEGELWOOD, NC, 28456

  Registry ID: 110000350352

• BAKELITE SYNTHETICS

  333 NEILS EDDY RD, RIEGELWOOD, NC, 28456

  Registry ID: 110000350352

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• HEXION SPECIALTY CHEMICALSentered 2010-07-27

  Primary law: RCRA

  Federal penalty: $84,600

Timeline (4 milestones)

• 2010-07-27Complaint Filed/Proposed Order
• 2010-07-27Final Order Issued
• 2010-08-16Enforcement Action Data Entered
• 2010-08-27Enforcement Action Closed