EPA v. AMERICAN CHROME AND CHEMICAL INC.

Case summary

VIOLATIONS: FAILURE TO HAVE SUBMERGED FILL PIPES ON TWO STORAGE TANKS USED FOR STORAGE OF VOLATILE ORGANIC COMPOUNDS AS REQUIRED BY THE TEXAS SIP; FAILURE TO MAINTAIN AN INACTIVE ASBESTOS LANDFILL SO AS TO PREVENT VISIBLE EMISSIONS; AND FAILURE TO DEED RECORD THE REQUIRED NOTICES AND FILINGS WITH EPA FOR THE ASBESTOS LANDFILL. * PROPOSED RELIEF TO BE SOUGHT: A CIVIL PENALTY FOR ACC'S FAILURE TO COMPLY WITH 40 CFR PART 61 SUBPART M AND REGULATION V, 115.101 OF THE TEXAS STATE IMPLEMENTATION PLAN. * A MULTI-MEDIA INSPECTION WAS CONDUCTED AT THE AMERICAN CHROME FACILITY ON 3/25-30 AND 4/22-26, 1991 AS PART OF THE TOXIC RELEASE REDUCTION PROJECT (TRRP) INITIATED BY THE REGION, SUPORTED BY SUBSEQUENT ADMISSIONS BY ACC. * REFERRAL WAS SIGNED BY RA 3/30/92. * SYNOPSIS: AMERICAN CHROME AND CHEMICAL INC. (ACC) OWNS AND OPERATES A CHEMICAL PLANT AT 3800 BUDDY LAWRENCE DRIVE IN CORPUS CHRISTI, TX. THE FACILITY CONSISTS OF THREE PROCESSES THAT MANUFACTURE SODIUM DICHROMATE (DCS), CHROMIUM OXIDE, AND CHROMIC ACID FROM CHROME ORE AND OTHER RAW MATERIALS, WHICH DO NOT DIRECTLY ENTER INTO THE FACTS OF THIS ACTION. * ASBESTOS LANDFILL MAINTENANCE ACTIVITIES AT THE FACILITY, AND TWO STORAGE TANKS USED TO STORE VOLATILE ORGANIC COMPOUNDS (VOCS) ARE ISSUES IN THIS ACTION. THE CONDITIONS UPON WHICH THE VIOLATIONS NOTED IN THIS REPORT WERE IDENTIFIED BY THE REGION 6 OFFICE OF EPA IN AN INSPECTION CONDUCTED ON 3/25-30 AND 4/22-26/91 UNDER THE TRRP. THE ASBESTOS PRESENT AT THE SITE IS SUBJECT TO THE NESHAP 40 CFR PART 61 SUBPART M. THE TWO VOC STORAGE TANKS INSPECTED ARE SUBJECT TO THE TEXAS STATE IMPLEMENTATION PLAN, REG. V, RULE 115.101 ET SEQ.. * THE VIOLATIONS OCCURRING AT ACC'S FACILITY WERE DOCUMENTED DURING THE INSPECTION NOTED ABOVE. EPA REQUESTS THAT DOJ GRANT AUTHORITY TO CONDUCT PRE-REFERRAL SETTLEMENT NEGOTIATIONS PURSUANT TO THE PROCESS FOR CONDUCTING SETTLEMENT NEGOTIATIONS ON CIVIL JUDICIAL ENFORCEMENT CASES , DATED 4/13/88. IF THIS CASE IS NOT SETTLED THEREBY, EPA WOULD THEN ASK DOJ TO FILE THIS CIVIL ACTION AGAINST ACC TO REQUIRE ACC TO PAY A PENALTY FOR VIOLATION OF THE FEDERAL NESHAP REGULATIONS AND STATE SIP REQUIREMENTS. * SIC CODE: 2819

Defendants (1)

• AMERICAN CHROME AND CHEMICAL INC.Named in complaintNamed in settlement

Facilities (1)

• ELEMENTIS CHROMIUM L P

  3800 BUDDY LAWRENDE DR, CORPUS CHRISTI, TX, 78408

  Registry ID: 110005069102

Statutes cited

• CAA 112 — Hazardous Air Pollutants
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• AMERICAN CHROME AND CHEMICALS,entered 1995-04-27

  Primary law: CAA

  Federal penalty: $60,000

Timeline (9 milestones)

• 1992-03-30Enforcement Action Data Entered
• 1992-03-30PRN Sent
• 1992-03-30Referred To Dept Of Justice
• 1995-04-12Referred TO U.S. Attorney
• 1995-04-27Final Order Lodged
• 1995-04-27Final Order Entered
• 1995-04-27Complaint Filed With Court
• 1995-04-27Concluded
• 1998-06-10Enforcement Action Closed