EPA v. CLEAN HARBORS

Case summary

United States and Clean Harbors Recycling Services of Chicago, LLC and Clean Harbors Recycling Services of Ohio, LLC (Clean Harbors) have agreed to the terms a judicial Consent Decree. Clean Harbors own and operate hazardous waste treatment, storage, and disposal facilities in Chicago, Illinois, and Hebron, Ohio, respectively. Clean Harbors stores used organic solvents in large storage tanks, distills the solvents into re usable materials, and sells the residual streams to cement kilns as fuel. EPA found violations of the leak detection and repair requirements in the Clean Air Act's (CAA) National Emission Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery Operations (OSWRO MACT), at 40 C.F.R. Part 63, Subpart DD, at Clean Harbors Chicago, Illinois and Hebron, Ohio facilities. EPA estimates that the CAA violations at Clean Harbors facilities resulted in the illegal release of 157 tons of hazardous air pollutants (HAPs). Pursuant to the proposed Consent Decree, Defendants will replace loose-bolted manhole covers on 87 tanks with improved emergency vent technology at the Hebron, Ohio facility. Defendants will hire a third-party leak detection and repair auditor to assist Clean Harbors in setting up a proper leak detection and repair program for the facilities. Defendants will also perform emission control work to mitigate their unlawful releases of an estimated 157 tons of HAPs. Clean Harbors will spend approximately $465,000 on the injunctive relief portion of the settlement. The Consent Decree also requires payment of a $405,000 civil penalty.

Defendants (1)

• CLEAN HARBORSNamed in complaintNamed in settlement

Facilities (2)

• CLEAN HARBORS RECYCLING SERVICES OF CHICAGO LLC

  1445 W 42ND ST, CHICAGO, IL, 60609-2419

  Registry ID: 110000434192

• CLEAN HARBORS RECYCLING SERVICES OF OHIO L.L.C.

  581 MILLIKEN DRIVE, S.E., HEBRON, OH, 430259687

  Registry ID: 110000381471

Statutes cited

• CAA 112D — MACT Standards

Enforcement conclusions (1)

• CLEAN HARBORSentered 2019-08-30

  Primary law: CAA

  Federal penalty: $405,000

Timeline (5 milestones)

• 2018-04-12Referred To Dept Of Justice
• 2018-04-18Enforcement Action Data Entered
• 2019-07-11Final Order Lodged
• 2019-07-11Complaint Filed With Court
• 2019-08-30Final Order Entered