EPA v. AGRIUM U.S., INC.

Case summary

9/13/11 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $300,000, DUE WITHIN 30 DAYS. ON FEB 14, 2011, A FIRE DESTROYED THE FACILITY'S MAIN BUILDING WHERE PRODUCTION OPERATIONS WERE CONDUCTED. ON FEB 15 AND 16, 2011, EPA CONDUCTED A RCRA COMPLIANCE EVAULATION INSPECTION (CEI) AT THE FACILITY, AND MADE THE FOLLOWING OBSERVATIONS: A. A FIRE HAD DESTROYED THE MAIN FERTILIZER PRODUCTION BUILDING, ADJOINING STORAGE AREAS, AND THE TRUCK LOADING AREA. B. THE APPROX 10 TONS OF WEBB ZINC OXIDE THAT RESPONDENT HAD BEEN STORING IN SUPERSACKS IN THE MAIN FERTILIZER PRODUCTION BLDG HAD NOT BEEN MOVED FROM THAT LOCATION DURING FIRE RESPONSE ACTIVITIES; HOWEVER, THE FIRE HAD DESTROYED THE SUPERSACKS. C. RESPONDENT INDICATED THAT BEFORE THE FIRE, ALL BULK FINISHED FERTILIZER AND INTERMEDIATES WERE STORED IN BINS THAT WERE DIVIDED WITH WOODED PARTITIONS. D. THE FIRE DESTROYED THE WOODEN PARTITIONS, AND THE DIFFERENT FERTILIZER GRADES WERE COMMINGLED DURING THE FIRE FIGHTING ACTIVITIES, CREATING A SINGLE LARGE PILE OF DAMAGED BULK FERTILIZER. E. IN THE NORTHERN PORTION OF THE FACILITY, RESPONDENT HAD SEVERAL STACKS OF DIFFERENT BLENDS OF BAGGED FERTILIZERS, SOME OF WHICH CONTAINED WEBB ZINC OXIDE. F. RESPONDENT WAS ACCUMULTING THE FIRE FIGHTING WATER AND RAIN WATER IN FRAC TANKS. G. THE FIRE GENERATED LARGE AMOUNTS FERTILIZER-CONTAMINATED FIRE DEBRIS. DURING THE CEI, RESPONDENT INDICATED THAT THE DAMAGED BULK FERTILIZER PILE AND THREE OF THE BAGGED FRETILIZER BLENDS AT THE FAICLITY CONTAINED WEBB ZINC OXIDE. ON FEB 16, 2011, EPA SAMPLED THE WEBB ZINC OXIDE PILE, 6-3-18 YAM FERTILIZER, 18-64-24-RB TOB FERTILIZER, 14-4-14 RC FERTILIZER, AND THE DAMGED BULK FERTILIZER PILE. ALL THE SAMPLES EPA COLLECTED ON FEB 16, 2011 CONTAINED TOTAL CYANIDE, AT CONCENTRATIONS BETWEEN .20 AND 1.4 PPM. ON FEB 17, 2011, WEBB INFORMED EPA R7 THAT THE DRECK CONTAINS THE ELECTROPLATING WASTEWATER TREATMENT SLUDGE RECEIVED FROM SOUTH HOLLAND. IN A LETTER DATED JUN 23, 2011, RESPONDENT PROVIDED EPA WITH A CHARACTERIZATION PLAN FOR THE NON-DAMAGED BULK AND BAGGED FERTILIZERS PRODUCED FROM WEBB ZINC OXIDE ( FERTILIZER PRODUCTS ). SOUTH HOLLAND ELECTROPLATING WASTWATER TREATMENT SLUDGE IS AN F006 LISTED HAZ WASTE. RESPONDENT'S WEBB OXIDE IS A SOLID WASTE. ON AT LEAST ONE OCCASION, ONE GRAB SAMPLE FROM ONE SUPERSACK OF THE WEBB ZINC OXIDE STORED AT THE FACILITY EXHIBITED THE CHARACTERISTIC OF TOXICITY FOR CADMIUM, AND THIS SUPERSACK OF WEBB ZINC OXIDE IS THEREFORE D006 HAZ WASTE. THE WEBB ZINC OXIDE IS A LISTED F006 HAZ WASTE. THE BULK FERTILIZER AT HARTSVILLE, WHICH IS COMPOSED OF ALL UNBAGGED FERTILIZERS MADE WITH WEBB ZINC OXIDE AND INTERMEDIATES; AND FIRE-DAMAGED WEBB ZINC OXIDE CURRENTLY MAINTAINED IN ROLL-OFF CONTAINERS ON THE EASTERN SIDE OF HTE PROPERTY ARE LISTED F006 HAZ WASTE. ALL FERTILIZERS AT THE FACILITY THAT WERE MANUFACTURED USING WEBB ZINC OXIDE AND THAT ARE DESIGNATED AS RECYCLABLE BY AGRIUM ARE REGULATED AS RECYCLABLE MATERIALS. THE WATER THAT IS STORED IN THE FRAC TANKS (FIRE FIGHTING WATER AND STORMWATER) IS CONTAMINATED WITH F006 HAZ WASTE. THE FIRE DEBRIS IS CONTAMINATED WITH F006 HAZ WATE. PURSUANT TO SECTION 44-56-60 OF THE SC CODE OF LAWS (RCRA 3005), THE TREATMENT, STORAGE AND DISPOAL OF HAZ WASTE IS PROHIBITED EXCEPT IN ACCORDANCE WITH A PERMIT. BY ACCEPTING HAZ WASTE FROM WEBB AND STORING THE WEBB ZINC OXIDE WITHOUT A PERMIT, RESPONDENT WAS IN VIOLATION OF SECTION 44-56-60 OF SC CODE OF LAWS.

Defendants (1)

• AGRIUM U.S. INC.Named in complaintNamed in settlement

Facilities (2)

• AGRIUM US INC

  201 SOCIETY AVE, HARTSVILLE, SC, 29550

  Registry ID: 110000353938

• AGRIUM US INC

  201 SOCIETY AVE, HARTSVILLE, SC, 29550

  Registry ID: 110000353938

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)

• AGRIUM U.S., INC.entered 2011-09-13

  Primary law: RCRA

  Federal penalty: $300,000

Timeline (4 milestones)

• 2011-09-13Final Order Issued
• 2011-09-13Complaint Filed/Proposed Order
• 2011-09-17Enforcement Action Data Entered
• 2011-10-26Enforcement Action Closed