EPA v. BLUESTONE COKE, LLC BLUESTONE COKE, LLC (FKA ERP COMPLIANT FKA WALTER COKE)

Case summary

FEBRUARY 6, 2025 - CONSENT AGREEMENT On February 5, 2025, Complainant filed its Amended Complaint. The Amended Complaint alleges that Respondent violated the Order on Consent, Docket No. RCRA-04-2016-4250 that was issued to it under Section 3008{h) of RCRA on August 11, 2016, by failing to update the cost estimates for the corrective measures work thereunder and by failing to provide adequate financial assurance for the approved remedies. This CAFO shall constitute a complete and final settlement of only the claims for injunctive relief alleged in the Amended Complaint against Respondent under Section 3008(a), concerning the alleged violations at the Facility. This CAFO does not address in any way, settle, or resolve any claims or potential claims for a penalty under Section 3008(h) of RCRA, including any such claims which might arise from the facts alleged in the Amended Complaint, which are preserved. APRIL 10, 2024 - COMPLAINT, COMPLIANCE ORDER, AND OPPORTUNITY TO REQUEST A HEARING On August 2, 2019, the EPA was notified by letter of a transfer of ownership of ERP Compliant Coke, LLC to Bluestone Mineral, Inc. On September 5, 2019, ERP Compliant Coke, LLC requested a 45-day extension to submit the financial assurance for SMA 5. The EPA granted an extension until October 31, 2019. On September 24, 2019, a Certificate of Amendment was filed with the Delaware Secretary of State to amend the ERP Compliant Coke, LLC Certificate of Formation to reflect the new name of Bluestone Coke, LLC. On October 4, 2019, ERP Compliant Coke, LLC filed an Amendment to Registration with the Alabama Secretary of State's Office to document a name change from ERP Compliant Coke, LLC to Bluestone Coke, LLC. On October 10, 2019, the EPA was notified that ERP Compliant Coke, LLC had changed its name to Bluestone Coke, LLC. On October 31, 2019, Bluestone Mineral, Inc. submitted a Certificate of Insurance to the EPA to fulfill Respondent's financial assurance obligation at SMA 5. On December 18, 2019, the EPA approved the Corrective Measures Implementation Work Plan for the remedy for SMA 4 (Former Chemical Plant) which included a cost estimate for corrective measures in the amount of $4,043,516.41. Respondent was required to demonstrate financial assurance within 60 calendar days after the EPA's written approval of the cost estimate for SMA 4, which was on or before February 16, 2020. On February 4, 2020, the EPA informed Bluestone Mineral, Inc. and Respondent that the submitted insurance policy for SMA 5 was insufficient. The EPA's review concluded that the policy did not conform to the regulations outlined in 40 C.F.R. ?? 264.143(e) and 264.145(e). On February 12, 2020, April 3, 2020, and April 30, 2020, the EPA requested adequate financial assurance in the total amount for SMA 4 and SMA 5 of $4,164,811.21 via emails to Respondent. The Compliance Order hereby included is equivalent to a Compliance Order under Section 3008(a) of RCRA, 42 U.S.C. ? 6928(a). Based upon the foregoing, Respondent is ordered to come into and maintain compliance with the 2016 Order by undertaking the following acts within the times specified below pursuant to Section 3008(a) of RCRA, 42 U.S.C. ? 6928(a): a. Within 30 days from the Effective Date of this Complaint, Respondent will establish and maintain thereafter a financial assurance mechanism for corrective action at the Facility in the amount of $4,839,811.64 (which includes the required annual inflation adjustments), in accordance with Attachment C (Financial Assurance), of the 2016 Order. Respondent may choose from the options with references to corrective action added where appropriate as determined by the EPA.

Defendants (1)

• BLUESTONE COKE, LLCNamed in complaintNamed in settlement

Facilities (8)

• 35TH AVE SITE

  3500 35TH AVE N, BIRMINGHAM, AL, 35207

  Registry ID: 110000366657

• 35TH AVE SITE

  3500 35TH AVE N, BIRMINGHAM, AL, 35207

  Registry ID: 110000366657

• 35TH AVE SITE

  3500 35TH AVE N, BIRMINGHAM, AL, 35207

  Registry ID: 110000366657

• 35TH AVE SITE

  3500 35TH AVE N, BIRMINGHAM, AL, 35207

  Registry ID: 110000366657

• 35TH AVE SITE

  3500 35TH AVE N, BIRMINGHAM, AL, 35207

  Registry ID: 110000366657

• 35TH AVE SITE

  3500 35TH AVE N, BIRMINGHAM, AL, 35207

  Registry ID: 110000366657

• 35TH AVE SITE

  3500 35TH AVE N, BIRMINGHAM, AL, 35207

  Registry ID: 110000366657

• 35TH AVE SITE

  3500 35TH AVE N, BIRMINGHAM, AL, 35207

  Registry ID: 110000366657

Statutes cited

• RCRA 3008H — Interim Status Corrective Action Order
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• BLUESTONE COKE, LLC BLUESTONE COKE, LLC (FKA ERP COMPLIANT FKA WALTER COKE)entered 2025-02-06

  Primary law: RCRA

Timeline (3 milestones)

• 2024-04-10Complaint Filed/Proposed Order
• 2024-07-09Enforcement Action Data Entered
• 2025-02-06Final Order Issued