EPA v. LANXESS CORPORATION

Case summary

APRIL 26, 2022 - EXPEDITED SETTLEMENT AGREEMENT AND FINAL ORDER The U.S. EPA is authorized to enter into this Expedited Settlement Agreement (ESA) pursuant to Section 3008 of the RCRA ACT and 40 C.F.R. ? 22.13(b). The EPA and the NCDEQ inspected the facility on September 22, 2020. The EPA alleges that Respondent violated the following requirements of the EPA approved and authorized State of NC hazardous waste management program found at N.C.G.S. ?? 130A-17 to -28 and 130A-290 to - 310.22 [42 U.S.C. ?? 6921 et seq.], and the North Carolina Solid Waste Management Law (NCSWML) at 15A NCAC 13A .0101 to.0119 [40 C.F.R. Parts 260 through 270, 273 and 279]. On September 22, 2020, the EPA inspector observed a container of used 4-foot lamps, labeled ?Universal Waste,? dated March 28, 2019 (stored on-site for greater than one year). In addition, the inspectors observed two 2- gallon containers labeled universal waste batteries, dated April 10, 2019 (stored onsite for greater than one year). Therefore, the facility violated 15A NCAC 13A .0119(b) [40 C.F.R. ? 273.15(a)] by accumulating universal waste longer than one year from the date that it became a waste or was received.

Defendants (1)

• LANXESS CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• CHEMTURA CORPORATION

  214 W. RUBY AVE, GASTONIA, NC, 28054

  Registry ID: 110000348259

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• LANXESS CORPORATIONentered 2022-04-26

  Primary law: RCRA

  Federal penalty: $5,000

Timeline (4 milestones)

• 2022-04-26Complaint Filed/Proposed Order
• 2022-04-26Final Order Issued
• 2022-05-04Enforcement Action Closed
• 2022-05-11Enforcement Action Data Entered