EPA v. EAGLE PICHER INDUSTRIES

Case summary

DATA SHEET: * EAGLE-PICHER WAS A RCRA INTERIM STATUS FACILITY IN THE BUSI- NESS OF REFINING GERMANIUM, GALLIUM AND GALLIUM ARSENIDE, GROWING SINLE CRYSTAL SILICON AND PRODUCING NATURAL BORON AND LITHIUM HYDROXIDE. * THE FACILITY'S WASTES ARE PLACED IN A CLAY LINED SURFACE IMPOUNDMENT. THESE WASTES INCLUDE CORROSIVE CHARACTISTIC, EP-TOXIC CHRACTERISTIC FOR ARSENIC AND SELENIUM, METHANOL AND ARSENIC ACID WASTES. * THE FACILITY HAS BEEN SEEKING A PART B PERMIT FROM THE OSDH. * ON AUGUST 22, 1985, THE OSDH SENT A WARNING LETTER/NOTICE OF DEFICIENCY TO THE FACILITY DETAILING INADEQUACIES IN THEIR PART B PERMIT APPLICATION INCLUDING THE FACT THAT THE GROUNDWATER MONITORING SYSTEM WAS INADEQUATELY CONSTRUCTED AND LOCATED. * ON SEPT 5, 1985, THE OSDH AND EPA MET WITH THE FACILITY TO DISCUSS THE INADEQUACY OF ITS GROUNDWATER MONITORING SYS- TEM. THE FACILITY MAINTAINS THAT IT CANNOT UPGRADE ITS SYSTEM UNTIL THE EPA'S GROUNDWATER TECHNICAL ENFORCEMENT GUIDANCE DOCUMENT IS MADE FINAL. * ON SEPT 20, 1985, PRC ENV MANAGEMENT, INC. AND EPA CONTRAC- TOR, INSPECTED THE FACILITY AND CONCLUDED THAT THE GROUND- WATER MONITORING SYSTEMS WAS INADEQUATE DUE TO POOR WELL CONSTRUCTION, INCORRECT WELL LOCATION AND INADEQUATE SAM- PLING AND ANALYSIS PROCEDURES. * ON OCT 31, 1985, THE FACILITY CORRECTLY CERTIFIED FOR FIN- ANCIAL RESPONSIBILITY REQUIREMENTS BUT INCORRECTLY CERTI- FIED FOR GROUNDWATER MONITORING REQUIREMENTS. * ON MAY 9, 1986, THE OSDH SENT ANOTHER WARNING LETTER/NOTICE OF DEFICIENCY TO THE FACILITY DETAILING INADEQUACIES IN THE FACILITY'S PART B PERMIT APPLICATION AGAIN INCLUDING THE FACT THAT THE GROUNDWATER MONITORING SYSTEM WAS INADEQUATE. * ON MAY 19, 1986, THE FACILITY WAS INSPECTED BY EPA. THE FACILITY MANAGER ADMITTED THAT THE GWM SYSTEM HAD NOT BEEN MODIFIED SINCE RECEIPT OF THE AUGUST 22, 1985, WARNING LETTER. THE FACILITY WAS OBSERVED TO BE PLACING HAZARDOUS WASTES IN ITS SURFACE IMPOUNDMENT. * RECOMMENDATION: ISSUE A RCRA 3008(A)/3005(E)(2) LOSS OF INTERIM STATUS ORDER WITH PENALTIES AGAINST EAGLE-PICHER, ELECTRO-OPTICS MATERI- ALS DIV FOR FAILURE TO SUBMIT A CLOSURE PLAN 15 DAYS AFTER THE LOSS OF INTERIM STATUS AND CONTINUING TO TREAT, STORE OR DISPOSE OF HAZ WASTES AFTER LOSS OF INTERIM STATUS WITH- OUT A PERMIT.

Defendants (1)

• EAGLE PICHER, IND.Named in complaintNamed in settlement

Facilities (1)

• EAGLE PICHER TECHNOLOGY LLC BORON DEPARTMENT

  798 HIGHWAY 69A, QUAPAW, OK, 74363

  Registry ID: 110000598568

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• EAGLE PICHER INDUSTRIESentered 1989-02-19

  Primary law: RCRA

  Federal penalty: $137,500

Timeline (4 milestones)

• 1987-07-14Enforcement Action Data Entered
• 1987-07-14Complaint Filed/Proposed Order
• 1989-02-19Final Order Issued
• 1989-02-19Enforcement Action Closed