EPA v. CREE, INC. - DURHAM

Case summary

9/21/20: CAFO ISSUED - Respondent develops, manufactures and markets semiconductor materials and electronic devices made from silicon carbide (SiC) and gallium nitride (GaN). Respondent's Facility is located at 4600 Silicon Drive, Durham, North Carolina 27703. On June 19, 2019, the EPA and the Notth Carolina Department of Environmental Quality (NCDEQ) conducted a Focused Compliance Inspection (FCI) at Respondent's facility. On July 30 and 31, 2019, the EPA and NCDEQ conducted a Compliance Evaluation Inspection (CEI) at Respondent's facility. The EPA's findings of the FCI and CEI were documented in a report mailed to Respondent, dated October 3, 2019. At the time of the June 19, 2019 FCI, the Respondent was generating an N-Methy lpyrrolidone (NMP) and isopropyl alcohol (IPA) solvent waste mixture as a result of cleaning the surface of silicon carbide and gallium nitride wafers at its facility. The spent NMP and IPA solvent waste mixture has a flashpoint of less than 140 degrees Fahrenheit and is a D001 characteristic hazardous waste. At the time of the June 19, 2019, FCI, the EPA inspector discussed the process at the Respondent's facility and requested additional records documenting how the resulting spent NMP and IPA solvent waste mixture was previously managed upon its generation. The Respondent submitted the additional records on July 1, 2019. The records demonstrated that the Respondent had not manifested the spent NMP and IPA solvent waste mixture as a hazardous waste for off-site treatment on multiple occasions since 2016, including 14 occasions, occurring from June 8, 2016 through September 27, 2018. In addition, the Respondent had not prepared records demonstrating that the spent IPA and NMP solvent waste mixture was a D001 characteristic hazardous waste and had not determined whether the waste met the LDR treatment standards.

Defendants (1)

• CREE, INC.Named in complaintNamed in settlement

Facilities (1)

• WOLFSPEED, INC. - DURHAM

  4600 SILICON DRIVE, DURHAM, NC, 27703

  Registry ID: 110000347321

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)

• CREE, INC. - DURHAMentered 2020-09-21

  Primary law: RCRA

  Federal penalty: $124,000

Timeline (4 milestones)

• 2020-09-21Final Order Issued
• 2020-09-21Complaint Filed/Proposed Order
• 2020-09-22Enforcement Action Data Entered
• 2020-09-23Enforcement Action Closed