EPA v. MOMENTIVE SPECIALTY CHEMICALS, INC.

Case summary

9/13/11 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY $89,100, DUE WITHIN 30 DAYS. ALLEGATIONS: ON NOV 17-18, 2009, EPA AND KDEP CONDUCTED A COMPLIANCE EVALUATION INSPECTIN (CEI) OF RESPONDENT'S FACILITY. AT THE TIME OF THE CEI, RESPONDENT HAD FAILED TO DETERMINE WHETHER WASTE IN TWO CHEMICAL STORAGE CABINETS AND A DUMPSTER WAS HAZ WASTE. EPA ALLEGES THAT RESPONDENT VIOLATED 401 KY ADMIN REG 21:010 SEC 2 (40 CFR 262.11). AT THE TIME OF THE CEI, RESPONDENT MANAGED THE SPENT METHANOL WASTE STREAM GENERATED ON-SITE IN A TANK SYSTEM, CONSISTING OF: - ONE 2,600-GALLON ABOVE GROUND STORAGE TANK (AST); AND - PIPING AND EQUIPMENT TO TRANSFER THE SPENT METHANOL TO AND FROM THE AST; AND - A SECONDARY CONTAINMENT SYSTEM FOR THE AST. AT THE TIME OF THE CEI, RESPONDENT FAILED TO IMPLEMENT AN INSPECTION PROGRAM FOR THE SPENT METHANOL TANK SYSTEM. EPA ALLEGES RESPONDENT VIOLATED KY REV STAT ANN 224.46-520 (RCRA 3005) FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET THE 401 ADMIN REG 32:030 SECTION 5 (40 CFR 262.34(a)(1)(ii) CONDITION OF THE 90-DAY PERMIT EXEMPTION BY NOT COMPLYING WITH 401 KY ADMIN REG 35:190 SEC 6 (40 CFR 265.195). AT THE TIME OF THE CEI, RESPONDENT HAD FAILED TO APPROPRIATELY MARK PIPING AND EQUIPMENT CONTACTING THE SPENT METHANOL WASTE. EPA ALLEGES THAT RESPONDENT VIOLATED RCRA 3005 FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 262.34(a)(1)(ii) CONDITION OF THE 90-DAY PERMIT EXEMPTION BY NOT COMPLYING WITH 40 CFR 265.1050. AT THE TIME OF THE CEI, RESPONDENT FAILED TO COMPLY WITH THE RECORDKEEPING REQUIREMENTFOR THE SPENT METHANOL TANK SYSTEM EQUIPMENT SUBJECT 40 CFR PART 265 SUBPART BB. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED RCRA 3005 FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 262.34(a)(1)(ii) CONDITION OF THE 90-DAY PERMIT EXEMPTION BY NOT COMPLYING WITH 40 CFR 265.1064. AT THE TIME OF THE CEI, RESPONDENT FAILED TO CONTROL AIR POLLUTANT EMISSIONS FROM THE SPENT METHANOL STORAGE TANK. EPA ALLEGES THAT RESPONDENT VIOLATED RCRA 3005 FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED OT MEET THE 40 CFR 262.34(a)(1)(ii) CONDITION OF THE 90-DAY PERMIT EXEMPTION BY NOT COMPLYING WITH 40 CFR 265.1085(b). AT THE TIME CEI, RESPONDENT FAILED TO DEETERMINE THE MAXIMUM ORGANIC VAPOR PRESSURE OF THE SPENT METHANOL WASTE MANAGED IN THE SPENT METHANOL TANK SYSTEM. EPA ALLEGES THAT RESPONDENT HAS VIOLATED RCRA 3005 FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 262.34(a)(1)(ii) CONDITION OF THE 90-DAY PERMIT EXEMPTION BY NOT COMPLYING WITH 40 CFR 265.1085(c). A AT THE TIME OF THE CEI, RESPONDENT FAILED TO MARK THE SPENT METHANOL STORAGE TANK WITH THE WORDS, HAZARDOUS WASTE. EPA ALLEGES THAT RESPONDENT VIOLATED KY REV STAT ANN 224.46-520 (RCRA 3005) FOR STORING HAZ WASTE WITHOUT A PERMIT OR INTERIM STATUS BECAUSE RESPONDENT FAILED TO MEET THE 401 KY ADMIN REG 32:030 SECTION 5 (40 CFR 262.34(a)(3) CONDITION OF THE 90-DAY PERMIT EXEMPTION.

Defendants (1)

• MOMENTIVE SPECIALTY CHEMICALS, INC.Named in complaintNamed in settlement

Facilities (9)

• BAKELITE SYNTHETICS

  6200 CAMPGROUND RD, LOUISVILLE, KY, 40216-2137

  Registry ID: 110000378467

• BAKELITE SYNTHETICS

  6200 CAMPGROUND RD, LOUISVILLE, KY, 40216-2137

  Registry ID: 110000378467

• BAKELITE SYNTHETICS

  6200 CAMPGROUND RD, LOUISVILLE, KY, 40216-2137

  Registry ID: 110000378467

• BAKELITE SYNTHETICS

  6200 CAMPGROUND RD, LOUISVILLE, KY, 40216-2137

  Registry ID: 110000378467

• BAKELITE SYNTHETICS

  6200 CAMPGROUND RD, LOUISVILLE, KY, 40216-2137

  Registry ID: 110000378467

• BAKELITE SYNTHETICS

  6200 CAMPGROUND RD, LOUISVILLE, KY, 40216-2137

  Registry ID: 110000378467

• BAKELITE SYNTHETICS

  6200 CAMPGROUND RD, LOUISVILLE, KY, 40216-2137

  Registry ID: 110000378467

• BAKELITE SYNTHETICS

  6200 CAMPGROUND RD, LOUISVILLE, KY, 40216-2137

  Registry ID: 110000378467

• BAKELITE SYNTHETICS

  6200 CAMPGROUND RD, LOUISVILLE, KY, 40216-2137

  Registry ID: 110000378467

Statutes cited

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

Enforcement conclusions (1)

• MOMENTIVE SPECIALTY CHEMICALS, INC.entered 2011-09-13

  Primary law: RCRA

  Federal penalty: $89,100

Timeline (4 milestones)

• 2011-09-13Final Order Issued
• 2011-09-13Complaint Filed/Proposed Order
• 2011-09-17Enforcement Action Data Entered
• 2011-09-20Enforcement Action Closed