EPA v. BORDEN CHEMICALS AND PLASTICS LIMITED PARTNERSHIP

Case summary

THIS PROPOSED ACTION IS AGAINST BORDEN CHEMICALS AND PLASTICS LIMITED PARTNERSHIP (BORDEN) FOR VIOLATIONS OF THE RCRA SUBTITLE C REGULATIONS, INJUNCTIVE RELIEF ORDERING CORRECTIVE ACTION PURSUANT TO SECTION 3008(H) OF RCRA, AND VIOLATIONS OF THE CERCLA NOTIFICATION REQUIREMENTS AT BORDEN'S GEISMAR, LA FACILITY. THIS IS A MULTI-MEDIA ENFORCEMENET ACTION BASED PRIMARILY ON RESULTS OF MULTI-MEDIA INSPECTIONS CONDUCTED ON OR ABOUT MARCH 16-20, 1992, AND APRIL 21-23, 1992. * BORDEN OPERATES A CHEMICAL PLANT IN GEISMAR, LA THAT CURRENTLY MANUFACTURES METHANOL, FORMALDEHYDE, AMMONIA, UREA, VINYL CHLORIDE MONOMER (VCM), AND POLYVINYL- CHLORIDE (PVC) AS PRINCIPAL PRODUCTS. INCIDENTAL TO THE PRODUCTION OF THESE CHEMICAL PRODUCTS, THIS FACILITY GENERATES HAZARDOUS WASTES WHICH HAVE HISTORICALLY BEEN TREATED, STORED OR DISPOSED AT AND BY THE FACILITY AND WHICH HAVE BEEN DISPOSED OF OFF-SITE. RCRA CIVIL PENALTY PROPOSED AT $1,919,874 AND CERCLA PENALTY OF $41,500. * A 3007 LETTER WAS ISSUED TO DEFENDANT IN AUGUST, 1992 AND RESPONSE RECEIVED BY EPA IN SEPTEMBER, 1992. LDEQ HAS TWO PENDING ENFORCEMENT ACTIONS AGAINST THE DEFENDANT, A COMPLAINT ISSUED ON JANUARY 16, 1990 FOR FAILURE TO SUBMIT PARTS I AND II OF A PERMIT APPLICATION TO COVER THE VCR UNIT AND A COMPLAINT ISSUED ON FEBRUARY 24, 1992 FOR FAILURE TO CHARACTERIZE HAZARDOUS WASTE, AND STORAGE AND EXPORTS OF HAZARDOUS WASTE.

Defendants (5)

• BCP MANAGEMENT, INC.Named in complaintNamed in settlement
• BORDEN CHEMICALS AND PLASTICS LIMITEDNamed in complaintNamed in settlement
• BORDEN CHEMICALS AND PLASTICS OPERATINGNamed in complaint
• BORDEN CHEMICALS AND PLASTICS, INC.Named in complaint
• BORDEN, INC.Named in complaint

Facilities (4)

• BORDEN CHEMICALS & PLASTICS OPERATING L P

  36045 HWY. 30, GEISMAR, LA, 70734

  Registry ID: 110000746328

• BORDEN CHEMICALS & PLASTICS OPERATING L P

  36045 HWY. 30, GEISMAR, LA, 70734

  Registry ID: 110000746328

• BORDEN CHEMICALS & PLASTICS OPERATING L P

  36045 HWY. 30, GEISMAR, LA, 70734

  Registry ID: 110000746328

• BORDEN CHEMICALS & PLASTICS OPERATING L P

  36045 HWY. 30, GEISMAR, LA, 70734

  Registry ID: 110000746328

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• RCRA 3008H — Interim Status Corrective Action Order
• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• BORDEN CHEMICALS & PLASTICS OPERATING LIMITED PARTentered 1998-06-11

  Primary law: RCRA

  Federal penalty: $3,600,000

Timeline (7 milestones)

• 1992-10-22Enforcement Action Data Entered
• 1992-12-10Referred To Dept Of Justice
• 1994-10-27Complaint Filed With Court
• 1998-04-09Final Order Lodged
• 1998-06-11Concluded
• 1998-06-11Final Order Entered
• 1998-08-26Enforcement Action Closed