EPA v. BAKELITE CHEMICALS, LLC

Case summary

AUGUST 19, 2024 - CONSENT AGREEMENT On March 23, 2023, the EPA along with the NCDEQ conducted a RCRA Compliance Evaluation Inspection (CEI) at the Respondent?s Facility. The EPA?s findings from the CEI were documented in a Report transmitted to the Respondent via email on July 18, 2023. At the time of the CEI, the inspectors observed a one-liter container accumulating hazardous waste hydranal in a SAA. The container was not marked with an indication of the hazards of the contents. At the time of the CEI, the inspectors observed drain pans accumulating used oil. The drain pans were not labeled with the words ?Used Oil.? At the time of the CEI, the inspectors observed that the manway on top of hazardous waste storage Tank S-20 was equipped with a Tank Level 1 air pollutant emission control cover, which was not ?closed.? Although the metal cover is designed to close the manway opening by attaching to it using four bolts, inspectors observed that the cover was affixed to the manway opening using only one bolt and a rope, which was tied from one of two handles on the cover to the railing on top of Tank S-20. At the time of the CEI, the inspectors noted that the Respondent was not conducting annual visual inspections of the fixed roof and its closure devices on hazardous waste Tank S-20. At the time of the CEI, the inspectors noted that the Respondent's employees were not performing daily inspections of the top of hazardous waste Tank S-20. The inspectors observed pooled liquids and debris in the secondary containment area, which obscured a portion of the secondary containment system so that the construction materials were not visible for inspection. At the time of the CEI, the inspectors observed liquid material and windblown debris which appeared to have been collecting on the floor of the secondary containment of hazardous waste storage Tank S-20 for more than 24 hours. At the time of the CEI, pooled liquids and debris obscured a portion of Tank S-20?s secondary containment area so that the inspectors were unable to determine if cracks or gaps were present in the secondary containment concrete. Subsequent to the inspection, the Respondent hired a professional engineer to independently evaluate the secondary containment for cracks or gaps after hydro-blasting the area. The engineer's findings were included in a reported dated November 3, 2023. In this report, the engineer stated that ?surface concrete cracks in the secondary containment walls at various locations were found, but none were through-wall cracks?, and recommended that hairline cracks be patched with concrete or that sealant be applied to the entire wall inside and out. The engineer also included that ?[n]o cracks or gaps in the secondary containment floor were noted? later in the report. The Respondent consents to the payment of a civil penalty, which was calculated in accordance with the Act, in the amount of ONE HUNDRED THIRTY-THOUSAND DOLLARS ($130,000.00), which is to be paid within 30 days of the Effective Date of this CAFO.

Defendants (1)

• BAKELITE CHEMICALS, LLCNamed in complaintNamed in settlement

Facilities (4)

• CONWAY RESINS PLANT

  200 AMPAC RD, CONWAY, NC, 27820

  Registry ID: 110000347544

• CONWAY RESINS PLANT

  200 AMPAC RD, CONWAY, NC, 27820

  Registry ID: 110000347544

• CONWAY RESINS PLANT

  200 AMPAC RD, CONWAY, NC, 27820

  Registry ID: 110000347544

• CONWAY RESINS PLANT

  200 AMPAC RD, CONWAY, NC, 27820

  Registry ID: 110000347544

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)

• BAKELITE CHEMICALS, LLCentered 2024-08-19

  Primary law: RCRA

  Federal penalty: $130,000

Timeline (4 milestones)

• 2024-08-19Complaint Filed/Proposed Order
• 2024-08-19Final Order Issued
• 2024-09-11Enforcement Action Data Entered
• 2024-09-16Enforcement Action Closed