EPA v. CYTEC

Case summary

ON FEBRUARY 23, 1994, REGION 5 OF THE U.S. ENVIRONMENTAL PROTECTION AGENCY FILED AGAINST CYTEC INDUSTRIES, INC., KALAMAZOO, MICHIGAN, ( CYTEC ), A SIX (6) COUNT COMPLAINT ALLEGING: 1. IT FAILED TO HAVE AN UPDATED WASTE ANALYSIS PLAN, CONTINGENCY PLAN, AND CLOSURE PLAN FOR ITS BIF OPERATIONS FROM AUGUST 21, 1991, TO FEBRUARY 17, 1992 IN VIOLATION OF 40 C.F.R. 266.103(A)(4), 265.13, 254.54, 265.112, AND SECTION 3004(Q) OF RCRA, 42 U.S.C. 6924(Q), (COUNT I) 2. IT FAILED TO DEVELOP A WASTE ANALYSIS PLAN THAT SPECIFIED THE TEST METHOD FOR ASH AND THE FREQUENCY FOR THE REVIEW OR REPETITION OF THE INITIAL WASTE ANALYSIS TO ENSURE ACCURACY, CONSTITUTING A VIOLATION OF 40 C.F.R. 265.13(B), 266.103(A)(4), AND SECTION 3004(Q) OF RCRA, 42 U.S.C. 6924(Q), (COUNT II); 3. FAILED TO MONITOR EQUIPMENT FOR LEAKS IN VIOLATION OF 40 C.F.R. 266.103(A)(4)(VIII), 265.1052, 265.1057, AND SECTION 3004(Q) OF RCRA, 42 U.S.C. 6924(Q) 6924(Q), (COUNT III); 4. FAILED TO INCLUDE A LIMIT FOR THE TOTAL FEED RATE OF ASH IN TOTAL FEED STREAMS IN ITS CERTIFICATION OF COM- PLIANCE IN VIOLATION OF 40 C.F.R. 266.103(C)(1) AND SECTION 3004(Q) OF RCRA, 42 U.S.C. 6924(Q), (COUNT IV); 5. FAILED TO OPERATE WITH AN ADEQUATE AUTOMATIC WASTE FEED CUTOFF SYSTEM IN VIOLATION OF 40 C.F.R. 266.103(G) AND SECTION 3004(Q) OF RCRA, 42 R.S.C. 6924(Q), (COUNT V); AND 6. FAILED TO RECORD FEED RATES OF ASH, TOTAL CHLORINE AND CHLORIDE IN VIOLATION OF 40 C.F.R. 266.103(B)(5), 266.103(C)(4), 266.103(J), 266.103(K) AND SECTION 3004(Q) OF RCRA, 42 U.S.C. 6924(Q), (COUNT VI). THE COMPLAINT PROPOSED A CIVIL PENALTY OF $417,600.00. ON JULY 31, 1996, JUDGE ANDREW S. PEARLSTEIN ISSUED AN ORDER FOR ACCELERATED DECISION: 1. BARRING THE COLLECTION OF CIVIL PENALTIES FOR COUNT I OF THE COMPLAINT BECAUSE THERE WERE LAPSES IN OMB AUTHORITY FOR THE REGULATION IN VIOLATION OF THE PAPERWORK REDUCTION 1. ACT; 2. BARRING THE COLLECTION OF CIVIL PENALTIES FOR COUNT II OF THE COMPLAINT BECAUSE THERE WERE LAPSES IN OMB AUTHORITY FOR THE REGULATIONS, U.S. EPA DISPLAYED AN IN- CORRECT OMB CONTROL NUMBER FOR THE REGULATION, AND FAILED TO DISPLAY AN OMB CONTROL NUMBER WITH EACH APPLICABLE SECTION OF THE CODE OF FEDERAL REGULATION IN VIOLATION OF THE PAPERWORK REDUCTION ACT; 3. DISMISSING COUNT IV OF THE COMPLAINT BECAUSE THE REGULATION DOES NOT SPECIFICALLY CALL FOR A NUMERICAL FEED RATE FOR NON-DETECTABLE CONSTITUTES; AND, 4. FINDING CYTEC FAILED TO OPERATE WITH AN ADEQUATE AUTOMATIC WASTE FEED CUTOFF SYSTEM IN VIOLATION OF 40 C.F.R. 266.1103(G)AND SECTION 3004(Q) OF RCRA, 42 U.S.C. 6924(Q), AS ALLEGED IN COUNT V OF THE COMPLAINT. ON DECEMBER 23, 1997, JUDGE PEARLSTEIN ISSUED AN INITIAL DECISION WHICH HELD: 1. CYTEC FAILED TO MONITOR EQUIPMENT FOR LEAKS IN VIOLATION OF 40 C.F.R. 266.103(A)(4)(VIII), 265.1052, 265.1057, AND SECTION 3004(Q) OF RCRA, 42 U.S.C. 6924(Q), AS ALLEGED IN COUNT III OF THE COMPLAINT; 2. CYTEC FAILED TO RECORD FEED RATES OF ASH, TOTAL CHLORINE, AND CHLORIDE IN VIOLATION OF 40 C.F.R. 266.103(B)(5), 266.103(C)(4), 266.103(J), 266.103(K) AND SECTION 3004(Q) OF RCRA, 42 U.S.C. 69924(Q), AS ALLEGED IN COUNT VI OF THE COMPLAINT. THE INITIAL DECISION ASSESSED A CIVIL PENALTY OF $36,500.00. NEITHER U.S. EPA OR CYTEC APPEALED THE INITIAL DECISION.

Defendants (1)

• CYTECNamed in settlement

Facilities (2)

• ALLNEX USA, INC. -FORMERLY- YTEC INDUSTRIES INC.

  2715 MILLER RD., KALAMAZOO, MI, 490014176

  Registry ID: 110000408746

• ALLNEX USA, INC. -FORMERLY- YTEC INDUSTRIES INC.

  2715 MILLER RD., KALAMAZOO, MI, 490014176

  Registry ID: 110000408746

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards

Enforcement conclusions (1)

• CYTECentered 1997-12-23

  Primary law: RCRA

  Federal penalty: $36,500

Timeline (4 milestones)

• 1994-02-23Complaint Filed/Proposed Order
• 1997-12-23Final Order Issued
• 1998-04-15Enforcement Action Closed
• 1998-05-11Enforcement Action Data Entered