EPA v. IGM RESINS USA, INC.

Case summary

SEPTEMBER 12, 2023 - Proceeding Under Section 3008(a) of the Resource Conservation and Recovery Act, 42 U.S.C. ? 6928(a) On November 9, 2022, EPA and the North Carolina Department of Environmental Quality conducted a RCRA Compliance Evaluation Inspection (CEI) at the Facility. On January 18, 2023, EPA emailed the Respondent an Opportunity to Show Cause Letter and a CEI report documenting its findings from the November 9, 2022, CEI. The Respondent was operating a toluene recycling system, which included reactor vessels and their associated condensers, splitters and receivers, toluene storage tank TK526, and solvent stripper feed tanks TK525 and TK528. The Respondent was attempting to meet the conditions of the Closed-Loop Recycling Exclusion for its toluene recycling system. Inspectors observed containers of discarded materials in Building 19 and on the Flammable Storage Covered Pad. The Respondent stated that the containers held unusable material identified during its full physical inventory, which it conducted between October 18, 2022 and October 20, 2022. However, Respondent had not made a hazardous waste determination on these discarded materials. On March 27, 2023, the Respondent provided a copy of a hazardous waste manifest, which indicated that a total of 400 pounds of discarded material in the containers described in Paragraph 54 had been identified as hazardous waste and were offered for shipment to Cycle Chem, Inc. on February 16, 2023. The Respondent could not locate physical or e-manifest records of manifest numbers 022972417JJK or 023037532JJK for shipments of hazardous waste sent to Cycle Chem, Inc. on November 9, 2021, and February 1, 2022, respectively. The Respondent?s 2021 Biennial Report did not include 2,500 pounds of D002 hazardous waste corrosive liquid (acid functional acrylate ester) and 1,200 pounds of D002 hazardous waste ammonia solution that were sent to Cycle Chem, Inc. on November 9, 2021, using hazardous waste manifest 022972417JJK, and 13,200 pounds of D002 hazardous waste corrosive liquids (2-hydroxyethyl acrylate) that were sent to Cycle Chem, Inc. on February 2, 2021, using hazardous waste manifest 022192367JJK. The Respondent?s 2021 Biennial Report included a total of 10,410 pounds of hazardous waste lab samples that were shipped off-site during calendar year 2021. The Respondent incorrectly identified the hazardous waste lab samples, which should have been Consent Agreement and Final Order, Docket No. RCRA-04-2023-2110(b) Page 8 of 19 identified with EPA Hazardous Waste Codes D001 and F005, with EPA Hazardous Waste Codes D001 and F003 in its 2021 Biennial Report. Inspectors observed two one-gallon containers of hazardous waste flammable liquids (toluene, isopropanol) in the Quality Control Laboratory SAA. The waste in these containers was identified with EPA Hazardous Waste Numbers D001 and F005, which is listed for the hazards of ignitability and toxicity. The hazardous waste labels on each container were severely faded, and neither container was marked to indicate that the contents were toxic. Inspectors observed evidence of dried material that had leaked or spilled down the outside of one 55-gallon container of hazardous waste in the Central Accumulation Area (CAA), which was not immediately transferred to a container in good condition. The Respondent?s contingency plan did not include the location, physical description, and a brief outline of the capabilities for the fire extinguishers or decontamination equipment (safety showers/eyewash stations). The Respondent could not provide records to document that the contingency plan and quick reference guide had been submitted to the local emergency response entities. The Respondent's hazardous waste training records did not include the names of employees filling each position with hazardous waste management responsibilities or the date upon which each employee filled that position.

Defendants (1)

• IGM RESINS USA, INC.Named in complaintNamed in settlement

Facilities (2)

• IGM RESINS CHARLOTTE, INC

  3300 WESTINGHOUSE BV, CHARLOTTE, NC, 28273-6521

  Registry ID: 110012474740

• IGM RESINS CHARLOTTE, INC

  3300 WESTINGHOUSE BV, CHARLOTTE, NC, 28273-6521

  Registry ID: 110012474740

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)

• IGM RESINS USA, INC.entered 2023-09-12

  Primary law: RCRA

  Federal penalty: $83,280

Timeline (4 milestones)

• 2023-09-12Final Order Issued
• 2023-09-12Complaint Filed/Proposed Order
• 2023-09-20Enforcement Action Data Entered
• 2023-09-20Enforcement Action Closed