EPA v. WESTLAKE VINYLS, INC

Case summary

6/27/2024 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $28,038. PENALTY TO BE PAID WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS CAFO. ALLEGED VIOLATIONS: ON SEPTEMBER 6, 2023, THE KENTUCKY DEPARTMENT FOR ENVIRONMENTAL PROTECTION (KYDEP), ACTING IN ITS CAPACITY AS AN AUTHORIZED AGENT OF THE EPA, CONDUCTED AN INSPECTION OF RESPONDENT'S FACILITY IN CALVERT CITY, KENTUCKY (THE FACILITY) PURSUANT TO SECTION 11 OF TSCA, 15 U.S.C. ? 2610, TO DETERMINE RESPONDENT'S COMPLIANCE WITH THE PCB REGULATIONS. THE INSPECTION WAS INITIATED BASED ON INFORMATION SUBMITTED TO THE EPA AND KYDEP ON JUNE 21, 2023, BY CLEAN EARTH OF CALVERT CITY (CECC), A HAZARDOUS WASTE DISPOSAL FACILITY THAT HAS NOT RECEIVED AN EPA IDENTIFICATION NUMBER FROM THE EPA PURSUANT TO 40 C.F.R. ? 761.202(B)(L)(II) AUTHORIZING IT TO RECEIVE, HANDLE, STORE, OR DISPOSE OF PCB WASTE. UPON REVIEW OF INFORMATION PROVIDED BY THE CECC, THE RESPONDENT, THE KYDEP, THE EPA ALLEGES THAT: - RESPONDENT'S JUNE 23, 2023, SHIPMENT OF THE DRUM OF PCB WASTE, AS DESCRIBED IN PARAGRAPH 27 ABOVE, TO CECC, A FACILITY THAT HAD NOT OBTAINED AN EPA IDENTIFICATION NUMBER FOR PCB WASTE HANDLING ACTIVITIES, WAS IN VIOLATION OF 40 C.F.R. ? 761.202(B)(L)(II) AND SECTION 15 OF TSCA, 15 U.S.C. ? 2614. - RESPONDENT FAILED TO NOTATE ON THE MANIFEST FOR THE DRUM IT ARRANGED TO SHIP TO CECC FOR TREATMENT AND DISPOSAL, AS DESCRIBED IN PARAGRAPH 32 ABOVE, THAT THE DRUM CONTAINED PCBS, IN VIOLATION OF C.F.R. ? 761.207(A). - RESPONDENT FAILED TO LABEL THE 55-GALLON DRUM OF PCBS DESCRIBED WITHIN THE CAFO WITH THE APPROPRIATE PCB MARK IN VIOLATION OF 40 C.F.R. ? 761.40(A)(L) AND SECTION 15 OF TSCA, 15 U.S.C. ? 2614. - RESPONDENT FAILED TO MARK THE PCB ITEMS DESCRIBED IN PARAGRAPH 34, WITH THE REMOVED FROM SERVICE DATE IN VIOLATION OF 40 C.F.R. ? 761.65(C)(8) AND SECTION 15 OF TSCA, 15 U.S.C. ? 2614. - RESPONDENT FAILED TO STORE PCB ITEMS DESCRIBED IN PARAGRAPH 34 IN AN AREA WITH AN ADEQUATE ROOF, WALLS, AND NON-POROUS FLOOR WITH CURBING IN VIOLATION OF 40 C.F.R. ? 761.65(B)(1) AND SECTION 15 OF TSCA, 15 U.S.C. ? 2614. - RESPONDENT FAILED TO NOTIFY THE EPA OF ITS PCB WASTE ACTIVITIES, AS DESCRIBED IN PARAGRAPH 36, PRIOR TO ENGAGING IN PCB WASTE HANDLING ACTIVITIES IN VIOLATION OF 40 C.F.R. ? 761.205(A)(2) AND SECTION 15 OF TSCA, 15 U.S.C. ? 2614.

Defendants (1)

• WESTLAKE VINYLS, INCNamed in complaintNamed in settlement

Facilities (6)

• WESTLAKE VINYLS INC

  2468 INDUSTRIAL PKWY, CALVERT CITY, KY, 42029

  Registry ID: 110027373072

• WESTLAKE VINYLS INC

  2468 INDUSTRIAL PKWY, CALVERT CITY, KY, 42029

  Registry ID: 110027373072

• WESTLAKE VINYLS INC

  2468 INDUSTRIAL PKWY, CALVERT CITY, KY, 42029

  Registry ID: 110027373072

• WESTLAKE VINYLS INC

  2468 INDUSTRIAL PKWY, CALVERT CITY, KY, 42029

  Registry ID: 110027373072

• WESTLAKE VINYLS INC

  2468 INDUSTRIAL PKWY, CALVERT CITY, KY, 42029

  Registry ID: 110027373072

• WESTLAKE VINYLS INC

  2468 INDUSTRIAL PKWY, CALVERT CITY, KY, 42029

  Registry ID: 110027373072

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• WESTLAKE VINYLS, INCentered 2024-06-27

  Primary law: TSCA

  Federal penalty: $28,038

Timeline (4 milestones)

• 2024-06-27Final Order Issued
• 2024-06-27Complaint Filed/Proposed Order
• 2024-07-12Enforcement Action Data Entered
• 2025-02-05Enforcement Action Closed