EPA v. NOR-AM CHEMICAL COMPANY

Case summary

THIS CWA REFERRAL IS BASED ON NOR-AM CHEMICAL'S COMPANY'S VIOLATIONS OF THE APPLICABLE PRETREATMENT DISCHARGE LIMITS FOR TOLUENE AND CHLOROFORM. SECTION 307(D) OF THE ACT, 33 USC SECTION 1317(D), PROVIDES THAT IT SHALL BE UNLAWFUL FOR ANY OWNER OR OPERATOR OF ANY SOURCE TO OPERATE IN VIOLATION OF ANY PRETREATMENT STANDARD AFTER THE COMPLIANCE DATE OF THE STANDARD. PRETREATMENT PROGRAMS ARE DESIGNED TO PROTECT MUNICIPAL WASTEWATER TREATMENT PLANTS, THEIR COLLECTION SYSTEMS, AND THE WATERS OF THE U.S. FROM ADVERSE IMPACTS THAT MAY OCCUR WHEN NON-DOMESTIC POLLUTANTS ARE DISCHARED INTO A SEWAGE SYSTEM. - NOR-AM OWNS AND OPERATES A MANUFACTURING FACILITY IN MUSKEON, MI WHERE IT PRODUCES PYROGALLOL, 2,2-DIMETHOXYPROPANE, AND 2,3-ISOPROPYLIDENEDIOXYPHENOL (NC-7312) WHICH ARE ULTIMATELY USED IN THE PRODUCTION OF PESTICIDE BASED PRODUCTS. THE PYROGALLOL PRODUCTION PROCESS PRODUCES NOR-AM'S REGULATED WASTESTREAM. NOR-AM DISCHARGES ITS PRETREATED AND NON-PRETREATED INDUSTRIAL WASTES AND PROCESS WASTEWATER TO A PUBLICLY OWNED TREATMENT WORKS (POTW), THE MUSKEGON COUNTY WASTEWATER MANAGEMENT SYSTEM I (MCWMS). - THE PRETREATMENT STANDARDS FOR THE 2 POLLUTANTS AT ISS ARE CONTAINED IN THE CATEGORICAL PRETREATMENT STANDARDS FOR ORGANIC CHEMICALS, PLASTICS, AND SYNTHETIC FIBERS, 40 CFR PART 414, SUBPART H-SPECIALTY ORGANIC CHEMICALS. THESE REGULATIONS WERE PROMULGATED ON 11/5/87. SUBPART H APPLIES TO PROCESS WASTEWATER DISCHARGES RESULTING FROM THE MANUFACTURE OF ALL SIC 2865 & 2869 ORGANIC CHEMICALS AND ORGANIC CHEMICAL GROUPS WHICH ARE NOT DEFINED AS COMMODITY OR BULK ORGANIC CHEMICALS IN SECTIONS 414.60 AND 414.70, RESPECTIVELY. THIS SUBPART ESTABLISHES THE PRETREATMENT DISCHARGE LIMITS FOR TOLUENE AND CHLOROFORM FOR FACILITIES WITH EXISTING SOURCES, AND REQUIRES COMPLIANCE WITH THESE STANDARDS BY 11/5/90. - FROM 11/5/90 THROUGH 10/91, NOR-AM WAS OUT OF COMPLAINCE WITH THE PRETREATMENT STANDARDS FOR BOTH TOLUENE & CHLOROFORM. DATA SUBMITTED BY THE MCWMS AND NOR-AM, AND A CERTIFICATION MADE BY NOR-AM IN ITS 90-DAY COMPLIANCE REPORT SUBMITTED 2/1/91, ESTABLISHED SUCH VIOLATIONS. - PROCESS CHANGES IMPLEMENTED IN 10/91, APPEAR TO HAVE ELIMINATED NOR-AM'S CHLOROFORM PROBLEMS. REGARDING THE TOLUENE EXCEEDENCES, NOR-AM TEMPORARILY SHUT DOWN ITS REGULATED PYROGALLOL PROCESS IN 11/91, AND IT DOES NOT INTEND TO START IT UP UNTIL 5/92. CURRENTLY, NOR-AM IS INSTALLING A STEAM STRIPPER TO REMOVE THE EXCESS TOLUENE IN ITS WASTEWATER. THE INSTALLATION OF THIS PRETREATMENT TECHNOLOGY IS SCHEDULED TO BE COMPLETED BY 5/92, THE PROJECTED START-UP DATE OF THE PYROGALLOL PROCESS. - HOWEVER, IF NOR-AM IS NOT IN COMPLIANCE AFTER THE PYROGALLOL PROCESS IS BACK IN OPERATION, THE GOVERNMENT SHOULD SEEK INJUNCTIVE RELIEF REQUIRING NOR-AM TO INSTALL, OPERATE AND MAINTAIN, AS EXPEDITIOUSLY AS POSSIBLE, ADDITIONAL WASTEWATER PRETREATMENT CONTROL EQUIPMENT NECESSARY TO MEET THE CATEGORICAL LIMITS FOR TOLUENE AND CHLOROFORM. NOR-AM MUST ALSO DEMONSTRATE CONSISTENT COMPLIANCE WITH THE REGULATIONS FOR A PERIOD OF A AT LEAST 12 MONTHS THROUGH ITS REQUIRED PERIODIC SELF-MONITORING WHICH MUST BE CONDUCTED ON AN INCREASED SAMPLING FREQUENCY OF ONCE EACH WEEK. IT IS WORTH NOTING THAT SINCE THE PYROGALLOL PRODUCTION PROCESS WAS SHUTDOWN IN 10/91, NOR-AM HAS BEEN IN COMPLIANCE WITH ALL APPLICABLE OCPSF PRETREATMENT P

Defendants (1)

• NOR-AM CHEMICAL COMPANYNamed in complaintNamed in settlement

Facilities (4)

• AVENTIS CROPSCIENCE

  1740 WHITEHALL ROAD, MUSKEGON, MI, 494451354

  Registry ID: 110000494171

• AVENTIS CROPSCIENCE

  1740 WHITEHALL ROAD, MUSKEGON, MI, 494451354

  Registry ID: 110000494171

• AVENTIS CROPSCIENCE

  1740 WHITEHALL ROAD, MUSKEGON, MI, 494451354

  Registry ID: 110000494171

• AVENTIS CROPSCIENCE

  1740 WHITEHALL ROAD, MUSKEGON, MI, 494451354

  Registry ID: 110000494171

Statutes cited

• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards

Enforcement conclusions (1)

• NOR-AM CHEMICAL COMPANYentered 1994-01-18

  Primary law: CWA

  Federal penalty: $450,000

Timeline (7 milestones)

• 1991-12-10Enforcement Action Data Entered
• 1992-06-17Referred To Dept Of Justice
• 1994-01-13Complaint Filed With Court
• 1994-01-18Final Order Lodged
• 1994-01-18Final Order Entered
• 1994-01-18Concluded
• 1994-05-16Enforcement Action Closed