EPA v. AGRIUM U.S., INC.

Case summary

9/18/13 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $70,415 - DUE WITHIN 30 DAYS. ALLEGATIONS: ON MARCH 24, 2010, MISSOURI DEPT OF NATURAL RESOURCES INSPECTORS CONDUCTED A COMPLIANCE EVLUATION INSPECTION OF THE HAZ WASTE MGMT PRACTICES AT THE WEBB/TNT FACILITY IN MISSOURI. AT THE TIME OF THE INSPECTION, WEBB/TNT HAS SEVERAL SUPERSACK THAT WERE LABELED AS CONTAINING F006, WHICH IS THE EPA HAZ CODE FOR ELECTROPLATING WASTEWATER TREATMENT SLUDGE. THE ZINC FERTILIZER EXCLUSION IS INAPPLICABLE IN MISSOURI BECAUSE MISSOURI HAS NOT SOUGHT EPA AUTHORIZATION FOR THE RULE. MOREOVER, EPA EPA R7 AND THE MDNR DETERMINED THAT TNT AND WEBB FAILED TO SATISFY THE FOLLOWING CONDITIONS AND THEREFORE DO NOT QUALIFY FOR THE ZINC FERTILIZER EXCLUSION: A. TNT AND WEBB FAILED TO ENSURE THAT ZINC-BEARING MATERIALS WERE NOT ACCUMULATED SPECULATIVELY. B. TNT AND WEBB FAILED TO SUBMIT NOTICE TO EPA OR MDNR THAT THEY WOULD BE HANDLING ZINC-BEARING MATERIALS TO BE INCORPORATED INTO ZINC FERTILIZERS. MOREOVER, NEITHER ONE NOTIFIED MDNR OF THE LOCATION OF THE MISSOURI FACILITY NOR APPLIED OFR THE RCRA EPA ID NUMBER FOR THE MISSOURI FACILITY. C. TNT AND WEBB FAILED TO STORE THE ZINC BEARING MATERIALS IN TANKS, CONTAINERS, OR BLDGS THAT ARE CONSTRUCTED AND MAINTAINED IN A WAY THAT PREVENTS RELEASES INTO THE ENVIRONMENT. D. TNT AND WEBB FAILED TO PROVIDE WRITTEN NOTICE TO RECEIVING FACILITIES THAT THE MATERIAL IS SUBJECT TO THE CONDITIONS OF 40 CFR 261.4(a)(20). E. TNT AND WEBB FAILED TO MAINTAIN MINIMUM REQUIRED RECORDS. IN A LETTER DATED NOV 10, 2010, SOUTH HOLLAND METAL FINISHING COMPANY, INC., MONEE, IL (SOUTH HOLLAND) INFORMED EPA REGION 7, THAT SINCE 2007, IT HAS SENT ITS ELECTROPLATING WASTEWATER TREATMENT SLUDGE TO WEBB/TNT IN KAHOKA, MISSOURI. ON SEVERAL OCCASIONS IN 2010, RESPONDENT PURCHASED ZINC OXIDE FROM WEBB/TNT THAT CONTAINED ELECTROPLATING WASTEWATER TREATMENT SLUDGE. IN 2010, RESPONDENT MANUFACTURED FERTILIZER WITH WEBB ZINC OXIDE CONTAINING ELECTROPLATING WASTEWATER TREATMENT SLUDGE, FROM NOW ON REFERRED TO AS FERTILIZER PRODUCTS. IN JAN 2011, RESPONDENT INFORMED THE EPA THAT IT WSA STORING FERTILIZER PRODUCTS AT THE DUNN AND WILIMING FACILITIES. IN SEPT 2011, RESPONDENT INFORMED EPA THAT SOME OF THE FERTILIZER PRODUCTS STORED AT THE DUNN AND WILMINGTON FACILITIES DID NOT MEET THE TREATMENT STANDARDS FOR F006 HAZ WASTE IN N.C. ADMIN CODE TITLE 15A R 13A .0112(a) (SUBPART D OF 40 CFR PART 268). IN SEPT 2011 EPA ISSUED A CAFO TO RESPONDENT TO RESOLVE ALLEGED HAZ WASTE VIOLATIONS AT RESPONDENT'S HARTSVILLE, SC FACILITY. THE CAFO REQUIRED RESPONDENT TO EITHER DISPOSE OF OR REPROCESS FERTILIZER PRODUCTS AT THAT FACILITY IN COMPLIANCE WITH THE HAZ WASTE LAWS AND REGS. ON SEPT 24, 2012, COUNSEL FOR RESPONDENT INFORMED EPA THAT RESPONDENT DISPOSED AS IF THEY WERE HAZ WASTES, THE FERTILIZER PRODUCTS STORED AT THE DUNN AND WILMINGTON FACILITIES, WHICH EXCEEDED THE TREATMENT STANDARDS IN N.C. ADMIN. CODE TITLE 15A r. 13A .0112(a) (SUBPART D OF 40 CFR PART 268) THAT APPLY TO F006 HAZARDOUS WASTES.

Defendants (1)

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

Facilities (2)

• AGRIUM WILMINGTON TERMINAL

  2400 HWY 421 N, WILMINGTON, NC, 28401

  Registry ID: 110056135383

• DUNN TERMINAL

  400 S WILSON AVE, DUNN, NC, 28334

  Registry ID: 110055079999

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)

• AGRIUM U.S., INC.entered 2013-09-18

  Primary law: RCRA

  Federal penalty: $70,415

Timeline (4 milestones)

• 2013-09-18Final Order Issued
• 2013-09-18Complaint Filed/Proposed Order
• 2013-09-21Enforcement Action Data Entered
• 2013-10-23Enforcement Action Closed