EPA v. HERITAGE-WTI

Case summary

The Consent Decree requires Heritage to complete the following injunctive relief: 1. Revised MACT Investigations Heritage must undertake a revised MACT investigation (RMI) of all ?MACT Exceedances? defined as any exceedance of the Total Hydrocarbon (THC) emission limit or non-compliance with an Operating Parameter Limit (OPL). In the RMI, Heritage is required to determine the cause of the non-compliance and corrective measures that could address it, and to implement any corrective measures that are ?reasonable under the circumstances.? The Consent Decree also requires Heritage to collect and retain specific data regarding incinerator operations that it will use in conducting RMIs. 2. Waste Stream Acceptance Procedures After the July 2013 explosion, in March of 2014, Heritage stopped incinerating any refinery waste with more than 0.124% lanthanum as a measure to avoid future explosions. The Consent Decree requires Heritage to analyze all refinery waste that has the potential to contain lanthanum and either reject such refinery waste or to send such wastes to another processing facility. 3. Investigations and Studies The Consent Decree requires Heritage to undertake an investigation to reduce the occurrence of Clinker Fall Events which cause Secondary Combustion Chamber (SCC) deviations. Heritage hired a refractory expert who determined that ?fluxing? elements (including potassium, lithium, sodium and iron) could lower the melting point of slag and cause less slag buildup on SCC walls. Under the Consent Decree, Heritage will develop a Feed Balancing Strategy (FBS) to alternate the feeds of the fluxing elements to produce steady sloughing of slag from the SCC walls, and implement the strategy for six months. If the number of SCC pressure exceedances declines more than 20% during this pilot period, Heritage will permanently implement the FBS and add it to its Title V permit. The Consent Decree requires Heritage to implement a Supplemental Waste Acceptance Protocol (SWAP) to increase the inspection, sampling and analysis of hazardous container waste prior to incineration. Heritage will implement the SWAP for six months and evaluate whether the average number of monthly THC exceedances decreased to 5.2 or fewer during that time period less (reflecting a 20% decrease), in which case it shall permanently implement the SWAP and have its requirements included in the facility?s Title V permit. Third, if monthly THC exceedances do not drop to 5.2 under the SWAP, Heritage will conduct a Temperature Study that compares THC data to SCC temperature data. If the Temperature Study finds a statistically significant correlation between SCC temperature data and THC exceedances, then Heritage shall conduct an process automation study to determine whether a second loop controller that would automatically adjust the waste feed and fuel flow rate if the SCC temperature rises above or falls below certain levels would reduce THC exceedances. If Heritage concludes that a second loop controller would reduce THC exceedances, Heritage is required to install the second loop controller. The Consent Decree requires Heritage to pay a cash civil penalty of $288,000. In addition, Heritage will spend at least $302,500 in performing a lead hazard abatement SEP of which $242,000 (80%) mitigated the penalty. Thus, the total value of the cash penalty and SEP obtained through the settlement is $530,000.

Defendants (1)

• HERITAGE-WTINamed in complaintNamed in settlement

Facilities (1)

• ARCWOOD ENVIRONMENTAL - EAST LIVERPOOL, INC.

  1250 ST. GEORGE STREET, EAST LIVERPOOL, OH, 439203400

  Registry ID: 110027242320

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• HERITAGE-WTIentered 2022-04-01

  Primary law: CAA

  Federal penalty: $288,000 · SEP: $302,500

Timeline (6 milestones)

• 2015-09-23Referred To Dept Of Justice
• 2015-09-29Enforcement Action Data Entered
• 2018-06-25Supplemental Referral-Adding parties, counts
• 2018-10-18Complaint Filed With Court
• 2018-10-18Final Order Lodged
• 2022-04-01Final Order Entered