EPA v. CALGON CARBON CORPORATION

Case summary

8/21/2020 - CONSENT AGREEMENT AND FINAL ORDER: On July 9-11, 2019, the EPA and KDEP conducted a RCRA compliance evaluation inspection (CEI) at Respondent's facility. The EPA's findings of the CEI were documented in a show cause letter and the inspection report that was mailed to Respondent, dated November 1, 2019. At the time of the CEI, the EPA inspector observed that furnace clinker, a D004, D006 and D010 hazardous waste, in the Furnace Clinker SAA, as well as two flip-top plastic trash cans and three (3) one-gallon containers with locking lids in the Laboratory SAA did not include labels indicating the hazard of the contents of the containers. At the time of the CEI, the Respondent had a central accumulation area (CAA) located between the Thaw Building and the Carbon Regeneration Unit (CRU) where roll off 220571 of clinker, a D004, D006 and D0lO hazardous waste, and roll off 222676 of concrete/sand containing various types of hazardous waste generated by Respondent were stored. The tarps on roll off 220571 and roll off 222676 were ripped and tom in several places, and therefore the roll offs were open. At the time of the CEI, the EPA inspector observed roll off222676 in the CAA was buckled and severely rusted. This container did not appear to be in good condition. At the time of the CEI, the EPA inspector noted that weekly inspections were not conducted during the weeks of February 11, 2019 and April 22, 2019 at the CAAs in the Laboratory. At the time of the CEI, the EPA inspector observed the following containers in CAAs at the Facility which were not labeled with an indication of the hazard of the contents of the container:(a) Seven (7) roll offcontainers storing hazardous waste in the CAA for roll offs, (b) A hopper storing hazardous waste in the Diester Building, (c) Three (3) containers storing hazardous waste in the Laboratory, and (d) Five (5) containers storing hazardous waste in the Spray Dryer Assembly and Baghouse. At the time of the CEI, the EPA inspector observed that the space between roll offs B303016 and B303015 did not allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency. Respondent operates a tank system which manages hazardous waste of average volatile organic concentration greater than 500 parts per million by weight (ppmw) at the point of waste origination, and is subject to Subpart CC, Level 2 Controls. The tank system includes thirteen (13) permitted hazardous waste tanks. These fixed roof tanks operate under negative pressure and are vented through a closed vent system to a pollution control device, activated carbon filters in series. At the time of the CEI, the EPA inspector observed openings in the top of some of the permitted tanks. The closure devices servicing these openings were either missing or not in a closed position as designed, which resulted in visible gaps between the tanks and the manway access openings. At the time of the CEI, the EPA inspector observed some portions of the closed-vent system were open to the atmosphere. At the time of the CEI, the EPA inspector observed universal waste lamps in cylinders in an open 4-foot container.

Defendants (1)

• CALGON CARBON CORPORATIONNamed in complaintNamed in settlement

Facilities (2)

• CALGON CARBON COPORATION - BIG SANDY PLT

  15024 US-23, CATLETTSBURG, KY, 41129

  Registry ID: 110008459578

• CALGON CARBON COPORATION - BIG SANDY PLT

  15024 US-23, CATLETTSBURG, KY, 41129

  Registry ID: 110008459578

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)

• CALGON CARBON CORPORATIONentered 2020-08-21

  Primary law: RCRA

  Federal penalty: $46,400

Timeline (4 milestones)

• 2020-08-21Complaint Filed/Proposed Order
• 2020-08-21Final Order Issued
• 2020-09-08Enforcement Action Data Entered
• 2020-09-10Enforcement Action Closed