EPA v. TEXAS INDUSTRIES, INC.

Case summary

TEXAS INDUSTRIES, INC. (RESPONDENT) IS INCORPORATED IN AND UNDER THE LAWS OF THE STATE OF DELAWARE. RESPONDENT WAS QUALIFIED TO DO BUSINESS IN THE STATE OF TEX- AS ON SEPT. 24, 1951. RESPONDENT IS A PERSON AS DEFINED AT TEX. REV. STAT. ANN. ART 4477-7(2) (VERNON SUPP. 1988), AND IN SECTION 1004(15) OF RCRA, 42 U.S.C. SEC. 6903(15), AND 40 C.F.R. SEC. 260.10. RESPONDENT OWNS AND OPERATES A CEMENT PLANT (THE PLANT) LOC- ATED AT 245 WARD ROAD, MIDLOTHIAN, TX., WHERE IT PRODUCES PORTLAND AND HYDRAULIC CEMENT USING THE WET (WATER SLURRY) PROCESS. THE PLANT OPERATES 24 HOURS PER DAY, 365 DAYS PER YEAR WITH A PRODUCTION RATE OF ABOUT 1,200, 000 TONS OF PORTLAND CE- MENT PER YEAR IN FOUR ROTARY CEMENT KILNS. ON MAY 26, 1987, RESPONDENT SUBMITTED A NOTIFICATION OF HAZ- ARDOUS WASTE ACTIVITY (NOTIFICATION) TO EPA. RESPONDENT CERTIFIED THAT IT TRANSPORTED, MARKETED, AND BURNED HAZARD- OUS WASTE FUELS. ON MAY 20, 1991, RESPONDENT SUBMITTED AN UPDATE OF ITS NOTI- FICATION OF HAZARDOUS WASTE ACTIVITY (UPDATE NOTIFICATION) TP EPA. IT CERTIFIED IT WAS A BURNER OF HAZARDOUS WASTE FUELS. ON AUGUST 21, 1991, RESPONDENT SUBMITTED A PART A PERMIT AP- PLICATION AS A BURNER OF HAZARDOUS WASTE FUELS. IN ADDITION TO HAZARDOUS AND CLASS I WASTE-DERIVED FUELS, RESPONDENT IS PERMITTED TO UTILIZE COAL, PETROLEUM COKE, FUEL OIL AND NATURAL GAS TO FIRE THE ROTARY KILNS. THE MAJORITY OF THE HAZARDOUS AND CLASS I WASTES BURNED IN THE ROTARY KILNS ARE GENERATED OFF-SITE AND ARE TRANSPORTED TO THE FACILITY IN TANK TRUCKS, TRUCK-TANK TRAILERS, AND RAIL-TANK CARS. IN ITS PART A APPLICATION, RESPONDENT CERTIFIED THAT IT IS ALSO A GENERATOR OF HAZARDOUS AND CLASS I WASTES. ON OR ABOUT MAR. 10, 1992, EPA AND TEXAS WATER COMMISSION REPRESENTATIVES CONDUCTED A COMPLIANCE EVALUATION INSPECTION OF THE RESPONDENT'S FACILITY. ON OR ABOUT AUG. 21 AND 22, 1992, EPA CONDUCTED A CASE DEVE- LOPMENT INSPECTION OF THE RESPONDENT'S FACILITY. RESPONDENT VIOLATED 40 C.F.R. SEC. 266.111(E)(3)(III) BY FAILING , FROM AUG. 21, 1991 TO JAN. 12, 1992, TO KEEP PROP- ER RECORDS OF HOURLY INSPECTIONS OF ITS DIRECT TRANSFER E- QUIPMENT WHEN HAZARDOUS WASTE WAS BEING TRANSFERRED FROM THE TRANSPORT VEHICLE TO THE INDUSTRIAL FURNACES. RESPONDENT HAS VIOLATED 40 C.F.R. SEC. 266.112 BY FAILING TO MAKE A BEVILL EXCLUSION DEMONSTRATION BY SAMPLING AND ANAL- YZING DAILY COMPOSITE SAMPLES COMPOSITED OVER NOT MORE THAN A 24 HOUR PERIOD. RESPONDENT HAS VIOLATED 40 C.F.R. SEC. 266.103(B)(3) BY EX- CEEDING THE FEED RATE LIMITS ESTABLISHED IN ITS CERTIFICA- TION OF PRECOMPLIANCE. RESPONDENT DID REVISE ITS CERTIFICATION OF PRECOMPLIANCE TO ESTABLISH NEW MERCURY AND CHLORINE FEED RATE LIMITS ON APR. 15, 1992. DOCKET OR INDEX NO. RCRA VI-203-H.

Defendants (1)

• TEXAS INDUSTRIES, INC.Named in complaintNamed in settlement

Facilities (1)

• TXI OPERATIONS LIMITED PARTNERSHIP

  245 WARD ROAD, MIDLOTHIAN, TX, 76065

  Registry ID: 110000459209

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards

Enforcement conclusions (1)

• TEXAS INDUSTRIES, INC.entered 1994-06-21

  Primary law: RCRA

  Federal penalty: $26,000

Timeline (5 milestones)

• 1992-09-30Enforcement Action Data Entered
• 1992-09-30Complaint Filed/Proposed Order
• 1994-06-21Final Order Issued
• 1994-06-21Compliance Achieved
• 1994-06-21Enforcement Action Closed