EPA v. WESTINGHOUSE ELECTRIC COMPANY, LLC

Case summary

JUNE 21, 2022 - CONSENT AGREEMENT: On November 14 and 15, 2019, the EPA and the SCDHEC conducted a Compliance Evaluation Inspection (CEI) at Respondent's Facility. At the time of the CEI, the EPA determined that the Respondent had been using a solvent mixture of approximately 70% tetrachloroethylene and approximately 30% tributyl phosphate (TBP), in SOLX I, to recover uranium dissolved in nitric acid using a solvent/liquid countercurrent extraction system. The EPA determined that the presence of uranium remaining in the spent mixture from the extraction process caused it to be a low-level radioactive waste and the tetrachloroethylene content caused it to be a hazardous waste. The solvent mixture was classified by EPA as a LLMW. At the time of the CEI, the EPA determined that the Respondent was accumulating spent solvent, in the V-1454 tanks. These tanks were not labeled with the words Hazardous Waste. In addition, at the time of the CEI, the Respondent's Facility had never managed this spent solvent as a characteristic or listed hazardous waste, as the Respondent did not deem the mixture to meet the definition of a hazardous waste, nor the F002 listing. The EPA determined that the Respondent had placed and was storing WCM with the added solvent mixture containing tetrachloroethylene in metal drums within 11 40-foot steel shipping containers called Sealands. At the time of the CEI, the EPA determined that the Respondent had also been placing WCM with the added solvent mixture containing tetrachloroethylene into an on-site incinerator for uranium recovery purposes. In response to information requested by the EPA and SCOHEC representatives during the CEI, the Respondent sent an electronic message to the EPA and SCOH EC on November 26, 2019. Within the Respondent's November 26, 2019, electronic message, information provided under the heading of Category 6-Oates during the past five years on which any material from drums within the Sealand Containers managing Wet Combustible Materials were incinerated at Westinghouse it is stated [d]uring the past 5 years, based on incinerator data, procedure reviews and employee interviews, it is believed that no drums of WCM with [tetrachloroethylene] or used oil placed into Sealands have been burned for uranium recovery. Respondent failed to determine that the spent solvent mixture containing tetrachloroethylene used for the recovery of uranium at the Facility was a 0039 characteristic/F002 listed hazardous waste, respectively. The EPA therefore alleges Respondent violated 25 S.C. Code Ann. Regs. 61- 79.262.11 [40 C.F.R. ? 262.11] by failing to make a hazardous waste determination on solid waste generated at its Facility. Respondent failed to have a permit to store 0039 characteristic and F002 listed hazardous waste in containers or a tank. The EPA therefore alleges Respondent violated Section 44-56-60(a)(2) and (b) of the SCHWMA, S.C. Code Ann.? 44-56-60(a)(2) and (b) [Section 3005 of RCRA, 42 U.S.C. ? 6925) by storing hazardous waste without a permit or interim status in a tank and containers.

Defendants (1)

• WESTINGHOUSE ELECTRIC COMPANY, LLCNamed in complaintNamed in settlement

Facilities (2)

• WESTINGHOUSE ELECTRIC COMPANY LLC/COLUMBIA FUEL FABRICATION FACILITY

  5801 BLUFF RD, HOPKINS, SC, 29061

  Registry ID: 110017326339

• WESTINGHOUSE ELECTRIC COMPANY LLC/COLUMBIA FUEL FABRICATION FACILITY

  5801 BLUFF RD, HOPKINS, SC, 29061

  Registry ID: 110017326339

Statutes cited

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

Enforcement conclusions (1)

• WESTINGHOUSE ELECTRIC COMPANY, LLCentered 2022-06-21

  Primary law: RCRA

  Federal penalty: $721,576

Timeline (4 milestones)

• 2022-06-21Final Order Issued
• 2022-06-21Complaint Filed/Proposed Order
• 2022-06-27Enforcement Action Closed
• 2022-07-06Enforcement Action Data Entered