EPA v. Lockhart Chemical Company

Case summary

On June 10, 2009, Region 5 filed a combined Complaint / Consent Agreement and Final Order (CAFO), commencing and concluding an administrative penalty action against Lockhart Chemical Company (Lockhart) for allegedly violating Section 3008(a) of the Solid Waste Disposal Act. EPA alleged that Lockhart failed to meet conditions for a hazardous waste storage license exemption by failing to obtain a written assessment for their tank systems and failing to meet tank system requirements. EPA also alleged that Lockhart failed to inspect air control systems, properly label tanks of hazardous waste, and use proper Department of Transportation shipping descriptions on manifests. Lockhart accumulated hazardous waste methanol and butanol in their hazardous waste tank systems which exhibited the characteristic of ignitability (EPA hazardous waste number D001). Following the inspection, Lockhart modified their production process, ceased using tanks to accumulate hazardous waste and notified as a small quantity generator of hazardous waste. EPA calculated a penalty of $101,900 based on the potential for harm to human health and the environment posed by the violation, the extent of deviation from the regulation, as well as the other factors listed in EPA’s RCRA Civil Penalty Policy. Lockhart has agreed to pay this penalty.

Defendants (1)

• Lockhart Chemical CompanyNamed in complaintNamed in settlement

Facilities (1)

• LOCKHART CHEMICAL COMPANY

  4302 JAMES P COLE BLVD, FLINT, MI, 48505

  Registry ID: 110000407596

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards

Enforcement conclusions (1)

• Lockhart Chemical Companyentered 2009-06-10

  Primary law: RCRA

  Federal penalty: $101,900

Timeline (3 milestones)

• 2009-06-10Final Order Issued
• 2009-06-10Complaint Filed/Proposed Order
• 2009-06-11Enforcement Action Data Entered