EPA v. MISSISSIPPI PHOSPHATES CORP. (BNK)

Case summary

2/9/15 - This case is part of the National Priority for Mining and Mineral Processing, which has special emphasis on mineral processing facilities that produce phosphoric acid because evidence shows they can cause widespread environmental damage. In 2005, EPA Region 4, in conjunction with the Mississippi Department of Environmental Quality (MDEQ), determined MPC was managing wastewaters inconsistent with a hazardous waste exemption known as the Bevill Exemption. Because of MPC's management of the wastewater, MPC was illegally treating, storing and disposing of RCRA regulated hazardous wastewaters. EPA originally referred the case to the Department of Justice (DOJ) on September 23, 2005, for alleged violations associated with the management and disposal of RCRA regulated hazardous wastewaters. On September 3, 2010, EPA sent a supplemental referral to DOJ for alleged violations associated with the disposal of other RCRA regulated hazardous wastes. EPA and MPC entered into a RCRA Section 3013 Sampling and Analysis Administrative Consent Order requiring site-wide sampling and analysis to determine if contamination exists on-site or may potentially migrate off-site. Due to unsafe working conditions discovered in 2009, EPA issued MPC a RCRA Section 7003 Imminent and Substantial Endangerment Unilateral Administrative Order (7003). A second 7003 issued on consent in 2012 was due to MPC's management of corrosive wastewaters. On Monday, October 27, 2014, Mississippi Phosphates Corporation (MPC) filed for Chapter 11 bankruptcy with the U.S. Bankruptcy Court in the Southern District of Mississippi. Through this referral the EPA requests DOJ to file such claims and challenges in the United States Bankruptcy Court for the Southern District of Mississippi, Southern Division, as are necessary to ensure financial assurance for the environmental management, closure and post closure obligations at the Facility. There may also be future cost recovery claims available to EPA pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in light of the potential for abandonment of hazardous waste management units at the MPC Facility. 4/23/15 - AMENDED REFERRAL TO ADD CAA COUNTS.

Defendants (1)

• MISSISSIPPI PHOSPHATES CORP.Named in complaintNamed in settlement

Facilities (2)

• MISSISSIPPI PHOSPHATES CORPORATION

  601 HIGHWAY 611, PASCAGOULA, MS, 39567

  Registry ID: 110000546053

• MISSISSIPPI PHOSPHATES CORP

  601 HIGHWAY 611, PASCAGOULA, MS, 39568

  Registry ID: 110000546053

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• CAA 112 — Hazardous Air Pollutants
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• MISSISSIPPI PHOSPHATES CORP. (BNK)entered 2015-07-23

  Primary law: RCRA

Timeline (6 milestones)

• 2015-02-09Referred To Dept Of Justice
• 2015-03-04Enforcement Action Data Entered
• 2015-04-23Supplemental Referral-Adding parties, counts
• 2015-07-23Complaint Filed With Court
• 2015-07-23Final Order Entered
• 2015-07-23Final Order Lodged