EPA v. CHEMICAL SOLVENTS, INC.

Case summary

CSI is the owner and operator of a solvent reclamation, chemical blending, and commodity chemical business at a facility in southern Cleveland that includes adjacent buildings at 3751 Jennings Road (Jennings) and 1010 Old Denison Road (Denison). The facility operates under a Federally Enforceable Permit to Install and Operate (FEPTIO) for air emissions issued by Ohio EPA, a RCRA air permit issued by EPA, a RCRA permit for treatment and storage of hazardous waste issued by Ohio EPA, and administrative orders (AOs) for wastewater discharge into the public sewer issued by the Northeast Ohio Regional Sewer District (NEORSD). CSI emits hazardous air pollutants (HAPs) and volatile organic compounds (VOCs) at both Jennings and Denison. EPA alleges that CSI violated RCRA and CAA air emission requirements by failing to: properly control its organic emissions from process vents, tanks, and equipment leaks; meet closed-vent system requirements, including control device monitoring, flow monitoring, routing emissions to a control device, daily inspection and corrective measure requirements, and recordkeeping; secure and control organic emissions from fixed roof tanks; and properly calibrate air monitoring equipment. EPA alleges that CSI violated RCRA requirements by failing to maintain its facility to minimize the possibility of a release of hazardous waste or hazardous waste constituents, including holes and corrosion in tanks, storing flammable waste near oxidizers, inadequate secondary containment, bad valves, bad gauges, emissions from tanks, failure to conduct daily inspections, and recordkeeping violations; and failing to evaluate hazardous waste and prepare a manifest. EPA further alleges that CSI violated the CWA by exceeding its pretreatment effluent limitations in its AOs on at least 51 occasions, and failing to update its stormwater pollution prevent plan. This case falls within a National Compliance Initiative, ?Reducing Hazardous Air Emissions from Hazardous Waste Facilities,? according to the June 7, 2019 memo from Susan Bodine, FY2020- FY2023 National Compliance Initiatives. Remedial Actions The Consent Decree includes the following injunctive relief: (1) route virtually all emission streams to either the Denison or Jennings control devices, and test the Denison and Jennings control devices to confirm they meet the required removal efficiencies of 95% and 90%, respectively; (2) institute a Leak Detection and Repair (LDAR) program that includes quarterly quality assurance review and two annual LDAR audits by qualified third parties; (3) prevent tank leaks by installing high-performance tank seals, instituting a tank LDAR program, and hiring a consultant to review tanks and closed-vent system to identify required improvements to CSI?s tank system; (4) install a new control valve and sewer lateral at Jennings and permanently close the sewer lateral at Denison; (5) begin real-time monitoring of air conditions in the Jennings lateral to confirm that no excess toxicity or explosivity risk exists; and (6) hire a professional engineer to perform a piping audit to document the on-site piping system, then perform baseline sampling and submit a compliance plan to address wastewater discharges to EPA for review and approval. Civil Penalty The Consent Decree provides for a civil penalty of $400,000. CSI was concerned that it would not be able to make the payment all at once, so the CD language allows for it to make two payments, the first $200,000 within thirty days of the Effective Date and the second $200,000 no later than December 31, 2019. The Consent Decree does not include a supplemental environmental project.

Defendants (1)

• CHEMICAL SOLVENTS, INC.Named in complaintNamed in settlement

Facilities (4)

• CHEMICAL SOLVENTS INC

  3751 JENNINGS ROAD, CLEVELAND, OH, 44109-2889

  Registry ID: 110000386804

• THE CHEMICAL SOLVENTS INC

  1010 OLD DENISON AVE, CLEVELAND, OH, 44109

  Registry ID: 110054269304

• THE CHEMICAL SOLVENTS, INC.

  1010 OLD DENISON AVE., CLEVELAND, OH, 44109

  Registry ID: 110054269304

• CHEMICAL SOLVENTS, INC.

  3751 JENNINGS ROAD, CLEVELAND, OH, 44109

  Registry ID: 110000386804

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 112D — MACT Standards
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• CWA 301/402 — NPDES Permit Violations
• CAA 502 — Operating Permits (Title V)

Enforcement conclusions (1)

• CHEMICAL SOLVENTS, INC.entered 2019-10-29

  Primary law: CAA

  Federal penalty: $400,000

Timeline (6 milestones)

• 2014-09-22Referred To Dept Of Justice
• 2014-09-24Enforcement Action Data Entered
• 2019-09-12Complaint Filed With Court
• 2019-09-12Final Order Lodged
• 2019-10-29Final Order Entered
• 2025-09-19Supplemental Referral-Adding parties, counts